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SESSION LAWS
STATE OF ARIZONA
Forty-fourth Legislature
SECOND REGULAR SESSION
Chapters 171 to 284
Convened -- January 10, 2000
Sine Die --April 18, 2000
2000
Published by:
Arizona State Senate
Arizona Legislative Council
Mp Bookbinding
TABLE OF CONTENTS
LAWS OF ARIZONA
Volume 1
Page
Arizona Elected State Officials ....................................................................................... V
Arizona Elected United States Officials ......................................................................... V
Forty-fourth Legislature of Arizona--
Members of the Senate ........................................................................................... VII
Members of the House of Representatives ............................................................ VIII
Authentication .............................................................................................................. XI
Order of Acts .............................................................................................................. XIII
Chapter--Bill Table .................................................................................................... :X:XV
Bill--Chapter Table ................................................................................................ XXVIII
Opening Message of Governor Jane Dee Hull ......................................................... XXXII
2000 Acts of the Forty-fourth Legislature,
Second Regular Session · Chapters I to 170 .............................................................. 1
Volume 2
2000 Acts of the Forty-fourth Legislature,
Second Regular Session · Chapters 171 to 2 84 .................................................... 1015
Volume 3
2000 Acts of the Forty-fourth Legislature,
Second Regular Session· Chapters 285 to End .................................................... 2013
Memorials and Resolutions ...................................................................................... 2683
Governor's Messages ................................................................................................. 2 715
Index to Acts ............................................................................................................. 2733
Third Special Session ........................................................................................... 2753
Proclamation .................................................................................................... 2 7 5 6
Fourth Special Session ......................................................................................... 2757
Order of Acts ................................................................................................... 2 7 60
Proclamation .................................................................................................... 2 7 61
Fifth Special Session ............................................................................................ 2805
Order of Acts ................................................................................................... 2808
Proclamation .................................................................................................... 2809
Sixth Special Session ............................................................................................ 2881
Order of Acts ................................................................................................... 2884
Proclamation .................................................................................................... 2885
Seventh Special Session ....................................................................................... 2905
Order of Acts ................................................................................................... 2908
Proclamation .................................................................................................... 2 909
III
SECOND REGULAR SESSION -2000 Cb.171, § 2
COMPETITIVE GOVERNMENT PROGRAM­UNIFORM
DEFINITIONS OF DIRECT AND INDIRECT COSTS
CHAPTER171
H. B.2659
AN ACT AMENDING SECTION 41-2773, ARIZONA REVISED STATUTES;
RELATING TO THE COMPETITIVE GOVERNMENT PROGRAM.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2773, Arizona Revised Statutes, is amended to read:
41-2773. Powers and duties of the office of management and budget relating
to competitive government
In addition to the duties assigned by the governor, the office:
1. Shall develop, implement and manage a statewide competitive government program.
2. Shall identify, with the assistance of state agencies and the private enterprise review
beard, functions in state government appropriate for submittal to the competitive government
process.
3. May require a state agency to conduct an in-house total cost estimate, a management
study or any hearing, study, review or cost estimate concerning any aspect of a target function to
determine the potential for privatization.
4. May require a state agency to release a request for proposal or invitation to bid for any
target function the office deems appropriate for competitively contracting.
5. Shall develop minimum savings criteria for governing the award of contracts resulting
from the competitive government process.
6. Shall instruct the GOVERNOR'S office for excellence in government, or its successor,
to:
(a) Develop a costing model that accurately estimates and accounts for the total cost of
providing a state function and develop methods by which state in-house costs can be compared
to private sector costs. The model shall:
(i) Take into account relevant costs for determining whether savings would result from
the privatization of a target function. The model shall
(ii) Specifically account for conversion, transaction, disruption, contract monitoring
costs, and revenue increases and decreases related to a privatization.
(iii) INCLUDE UNIFORM DEFINITIONS OF DIRECT COSTS AND INDIRECT
COSTS.
(b) Develop a handbook and training program that educates state agencies in the
competitive government process.
(c) Preapprove requests for proposals and invitations to bid, as the office deems
appropriate, that could result in the privatization or transfer to another state agency of a target
function.
(d) Review petitions of interest forwarded by the private enterprise review board and, on
or before December 15 of each year, present to the governor, president of the senate and speaker
of the house of representatives an annual report that contains a summary of all activities
conducted by the office for eirnellence in government concerning the petitions. A person does
not have a cause of action based on the failure of the office for eiwellence in government to
consider a petition of interest or to make a recommendation.
Sec. 2. Committee on uniform definitions of direct costs and indirect costs
A. The director of the governor's office for excellence in government shall establish a
committee on uniform definitions of direct costs and indirect costs consisting of representatives
of the department of administration, the joint legislative budget committee, other agencies,
departments and outside consultants the director deems appropriate and a member of an
employee organization that represents the largest number of state employees.
Additions are indicated by UPPER CASE; deletions by smkeGut 1015
Ch. 171,§2 441h LEGISLATURE
B. The committee shall adopt uniform definitions of direct costs and indirect costs for
the purpose of the costing model developed pursuant to section 41-2773, paragraph 6,
subdivision (a), Arizona Revised Statutes, and provide those definitions to the governor's office
for excellence in government on or before March 1, 2001.
C. The governor's office for excellence in government shall incorporate the uniform
definitions adopted by the committee into its costing model.
Sec. 3. Delayed repeal
Section 2 of this act, relating to the committee on uniform definitions of direct costs and
indirect costs, is repealed from and after June 30, 2001.
Approved by the Governor April 5, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
CRIMES AND OFFENSES-ENTERPRISE PENALTIES­EFFECTIVE
COMPLIANCE PROGRAMS
CHAPTER172
H.B.2660
AN ACT AMENDING SECTION 13-803, ARIZONA REVISED STATUTES;
AMENDING TITLE 13, CHAPTER 8, ARIZONA REVISED STATUTES, BY
ADDING SECTIONS 13-822 AND 13-822.01; RELATING TO EFFECTIVE
COMPLIANCE PROGRAMS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-803, Arizona Revised Statutes, is amended to read:
13-803. Fines against enterprises
A. EXCEPT AS PROVIDED IN SECTIONS 13-822 AND 13-822.01, a sentence to pay
a fine, THAT IS imposed on an enterprise for an offense defined in this title or for an offense
defined outside this title for which no special enterprise fine is specified, shall be a sentence to
pay an amount, fixed by the court, of not more than:
1. For a felony, one million dollars.
2. For a class I misdemeanor, twenty thousand dollars.
3. For a class 2 misdemeanor, ten thousand dollars.
4. For a class 3 misdemeanor, two thousand dollars.
5. For a petty offense, one thousand dollars.
B. IF THE COURT IMPOSES A FINE, THE COURT SHALL IMPOSE AS A
PRESUMPTIVE FINE THE MEDIAN OF THE ALLOWABLE RANGE UNDER
SUBSECTION A OF THIS SECTION AND THE PRESUMPTIVE FINE MAY BE
MITIGATED OR AGGRAVATED PURSUANT TO THIS SECTION.
C. AFTER CONSIDERING THE FACTORS LISTED IN SUBSECTION F OF THIS
SECTION, THE COURT SHALL DETERMINE AN APPROPRIATE FINE. IF THE COURT
DEVIATES FROM THE PRESUMPTIVE FINE, THE COURT SHALL SET FORTH ON THE
RECORD THE FINE, IF ANY, AND HOW THE RELEVANT FACTORS LISTED IN
SUBSECTION F OF THIS SECTION AFFECTED THE COURT'S DETERMINATION.
D. SUBSECTIONS B, C AND F OF THIS SECTION AND SECTIONS 13-822 AND
13-822.01 DO NOT APPLY TO SENTENCES FOR MISDEMEANOR VIOLATIONS THAT
ARE PROSECUTED IN JUSTICE COURT OR MUNICIPAL COURT, EXCEPT THAT THE
COURT MAY CONSIDER THE FACTORS LISTED IN SUBSECTION F OF THIS SECTION
AND SECTION 13-822 IN DETERMINING THE FINE TO IMPOSE.
Be E. A judgment that the enterprise shall pay a fine shall constitute a lien in like
manner as a judgment for money rendered in a civil action.
1016 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.172, § 2
F. IF THE COURT DEVIATES FROM THE PRESUMPTIVE FINE, THE COURT
SHALL BASE ITS DECISION ON ANY EVIDENCE OR INFORMATION THAT WAS
INTRODUCED OR SUBMITTED TO IT BEFORE SENTENCING OR ON ANY EVIDENCE
THAT WAS PREVIOUSLY HEARD AT TRIAL AND SHALL CONSIDER THE
FOLLOWING FACTORS, IF RELEVANT:
1. THE INCOME AND ASSETS OF THE ENTERPRISE AND THE ECONOMIC
IMPACT OF THE PENALTY ON THE ENTERPRISE.
2. ANY PRIOR CRIMINAL, CIVIL OR REGULATORY MISCONDUCT BY THE
ENTERPRISE.
3. THE DEGREE OF HARM RESULTING FROM THE OFFENSE.
4. WHETHER THE OFFENSE RESULTED IN PECUNIARY GAIN.
5. WHETHER THE ENTERPRISE MADE GOOD FAITH EFFORTS TO COMPLY
WITH ANY APPLICABLE REQUIREMENTS.
6. THE DURATION OF THE OFFENSE.
7. THE ROLE OF THE DIRECTORS, OFFICERS OR PRINCIPALS OF THE
ENTERPRISE IN THE OFFENSE.
8. WHETHER THE OFFENSE INVOLVED AN UNUSUALLY VULNERABLE
VICTIM DUE TO AGE, PHYSICAL OR MENTAL CONDITION OR ANY OTHER FACTOR
THAT WOULD MAKE THE VICTIM PARTICULARLY SUSCEPTIBLE TO CRIMINAL
CONDUCT.
9. WHETHER THE OFFENSE INVOLVED A THREAT TO A MARKET.
10. WHETHER THE ENTERPRISE BREACHED A FIDUCIARY DUTY IN
COMMITTING THE OFFENSE.
11. THE OBLIGATION OF THE ENTERPRISE TO PAY RESTITUTION.
12. ANY OTHER FACTORS THAT THE COURT DEEMS APPROPRIATE.
Sec. 2. Title 13, chapter 8, Arizona Revised Statutes, is amended by adding sections
13-822 and 13-822.01, to read:
13-822. Effective programs to prevent and detect violations of law; fines
A. IF BASED ON ANY EVIDENCE OR INFORMATION INTRODUCED OR
SUBMITTED TO THE COURT BEFORE SENTENCING OR ON ANY EVIDENCE THAT
WAS PREVIOUSLY HEARD AT TRIAL THE COURT FINDS BY A PREPONDERANCE
OF THE EVIDENCE THAT AN ENTERPRISE HAD AN EFFECTIVE PROGRAM TO
PREVENT AND DETECT VIOLATIONS OF LAW IN EFFECT AT THE TIME THE
OFFENSE WAS COMMITTED, THE COURT SHALL SET FORTH ON THE RECORD ITS
FACTUAL FINDINGS AND THE REASONS IN SUPPORT OF ITS FINDINGS AND SHALL
REDUCE THE FINE IMPOSED PURSUANT TO SECTION 13-803, IF ANY, BY
TWENTY-FIVE PER CENT.
B. AN EFFECTIVE PROGRAM TO PREVENT AND DETECT VIOLATIONS OF
LAW REQUIRES AT A MINIMUM THAT THE ENTERPRISE DOES THE FOLLOWING:
1. ESTABLISH COMPLIANCE STANDARDS AND PROCEDURES TO BE
FOLLOWED BY ITS EMPLOYEES AND OTHER AGENTS THAT ARE REASONABLY
CAP ABLE OF REDUCING THE PROSPECT OF VIOLATIONS OF LAW.
2. ASSIGN SPECIFIC HIGH-LEVEL PERSONNEL WITHIN THE ENTERPRISE
OVERALL RESPONSIBILITY TO OVERSEE COMPLIANCE WITH THE STANDARDS
AND PROCEDURES.
3. USE DUE CARE NOT TO DELEGATE SUBSTANTIAL DISCRETIONARY
AUTHORITY TO INDIVIDUALS WHOM THE ENTERPRISE KNOWS, OR SHOULD
KNOW THROUGH THE EXERCISE OF DUE DILIGENCE, HA VE A PROPENSITY TO
ENGAGE IN ILLEGAL ACTIVITIES.
4. TAKE STEPS TO COMMUNICATE EFFECTIVELY ITS STANDARDS AND
PROCEDURES TO ALL EMPLOYEES AND OTHER AGENTS, INCLUDING REQUIRING
PARTICIPATION IN TRAINING PROGRAMS OR DISSEMINATING PUBLICATIONS
THAT EXPLAIN IN A PRACTICAL MANNER WHAT IS REQUIRED.
Additions are indicated by UPPER CASE; deletions by~ 1017
Ch. 172, § 2 44th LEGISLATURE
5. TAKE REASONABLE STEPS TO ACHIEVE COMPLIANCE WITH ITS
STANDARDS, INCLUDING THE USE OF MONITORING AND AUDITING SYSTEMS
REASONABLY DESIGNED TO DETECT VIOLATIONS OF LAW BY ITS EMPLOYEES
AND OTHER AGENTS AND HA YING IN PLACE AND PUBLICIZING A REPORTING
SYSTEM WHERE EMPLOYEES AND OTHER AGENTS CAN REPORT VIOLATIONS OF
LAW BY OTHERS WITHIN THE ENTERPRISE WITHOUT FEAR OF RETRIBUTION.
6. CONSISTENTLY ENFORCE THE STANDARDS THROUGH APPROPRIATE
DISCIPLINARY MECHANISMS, INCLUDING, AS APPROPRIATE, DISCIPLINE OF
INDIVIDUALS RESPONSIBLE FOR THE FAILURE TO DETECT A VIOLATION.
7. AFTER A VIOLATION IS DETECTED, TAKE ALL REASONABLE STEPS TO
RESPOND APPROPRIATELY TO THE VIOLATION AND TO PREVENT FURTHER
SIMILAR VIOLATIONS, INCLUDING ANY NECESSARY MODIFICATIONS TO ITS
PROGRAM TO PREVENT AND DETECT VIOLA TIO NS OF LAW.
C. RELEVANT FACTORS FOR DETERMINING PRECISE ACTIONS NECESSARY
FOR AN EFFECTIVE PROGRAM TO PREVENT AND DETECT VIOLATIONS OF LAW
INCLUDE:
1. THE SIZE OF THE ENTERPRISE.
2. THE LIKELIHOOD THAT CERTAIN VIOLATIONS MAY OCCUR BECAUSE OF
THE NATURE OF THE ENTERPRISE'S BUSINESS.
3. THE PRIOR HISTORY OF THE ENTERPRISE.
D. THE FAILURE OF AN ENTERPRISE TO INCORPORATE AND FOLLOW
APPLICABLE INDUSTRY PRACTICE OR THE STANDARDS CALLED FOR BY ANY
APPLICABLE GOVERNMENTAL RULE WEIGHS AGAINST A FINDING OF AN
EFFECTIVE PROGRAM TO PREVENT AND DETECT VIOLATIONS OF LAW.
E. AN ENTERPRISE'S FAILURE TO PREVENT OR DETECT VIOLATIONS OF
LAW, BY ITSELF, DOES NOT MEAN THAT THE PROGRAM IS NOT EFFECTIVE IF THE
COURT FINDS THAT THE ENTERPRISE EXERCISED DUE DILIGENCE IN
ESTABLISHING AND MAINTAINING ITS PROGRAM AT THE TIME THE ACTS
CONSTITUTING THE OFFENSE WERE COMMITTED.
F. THIS SECTION DOES NOT APPLY IF ANY OF THE FOLLOWING APPLIES:
1. A HIGH MANAGERIAL AGENT OF THE ENTERPRISE, A UNIT OF THE
ENTERPRISE WITH TWO HUNDRED OR MORE EMPLOYEES AND WITHIN WHICH
THE OFFENSE WAS COMMITTED OR AN INDIVIDUAL WHO IS RESPONSIBLE FOR
THE ADMINISTRATION OR ENFORCEMENT OF A PROGRAM TO PREVENT AND
DETECT VIOLATIONS OF LAW PARTICIPATED IN, CONDONED OR WAS
WILLFULLY IGNORANT OF THE OFFENSE. IT IS A REBUTTABLE PRESUMPTION
THAT THE ENTERPRISE DID NOT HAVE AN EFFECTIVE PROGRAM TO PREVENT
AND DETECT VIOLATIONS OF LAW IF AN INDIVIDUAL WITH SUBSTANTIAL
SUPERVISORY AUTHORITY PARTICIPATES IN AN OFFENSE.
2. AFTER BECOMING A WARE OF AN OFFENSE, THE ENTERPRISE
UNREASONABLY DELAYED REPORTING THE OFFENSE TO THE APPROPRIATE
GOVERNMENTAL AUTHORITIES. AN ENTERPRISE SHALL REPORT AN OFFENSE
WITHIN SEVENTY-TWO HOURS.
3. THE ENTERPRISE WILLFULLY OBSTRUCTED OR IMPEDED, ATTEMPTED
TO OBSTRUCT OR IMPEDE OR AIDED, ABETTED OR ENCOURAGED THE
OBSTRUCTION OF JUSTICE DURING THE INVESTIGATION, PROSECUTION OR
SENTENCING OF THE OFFENSE OR, WITH KNOWLEDGE OF THE OFFENSE, FAILED
TO TAKE REASONABLE STEPS TO PREVENT THE OBSTRUCTION OR IMPEDIMENT
OR THE ATTEMPTED OBSTRUCTION OR IMPEDIMENT.
4. IF THE OFFENSE IS DISCOVERED BY THE GOVERNMENT BEFORE
DISCLOSURE BY THE ENTERPRISE UNLESS, UNDER THE CIRCUMSTANCES OF THE
OFFENSE, NO HIGH MANAGERIAL AGENT KNEW OR COULD REASONABLY HA VE
KNOWN OF THE CONDUCT CONSTITUTING THE OFFENSE.
1018 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.173, § 1
13-822.01. Dangerous and repeat enterprise offenders; fines
A. WHETHER OR NOT AN ENTERPRISE MAINTAINS AN EFFECTIVE
PROGRAM TO PREVENT AND DETECT VIOLATIONS OF LAW PURSUANT TO
SECTION 13-822, TIIB COURT MAY SUBJECT AN ENTERPRISE TO FIVE TIMES THE
MAXIMUM FINE AUTHORIZED BY SECTION 13-803 IF BASED ON ANY EVIDENCE
THAT WAS INTRODUCED BEFORE SENTENCING OR THAT WAS HEARD AT TRIAL
THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT ANY OF THE
FOLLOWING APPLIES TO THE COMMISSION OF THE OFFENSE:
1. THE OFFENSE VIOLATED A ruDICIAL OR ADMINISTRATIVE ORDER OR
INJUNCTION, OTHER THAN A VIOLATION OF A CONDITION OF PROBATION OR
THAT THE ENTERPRISE OR A SEPARATELY MANAGED LINE OF BUSINESS
VIOLATED A CONDITION OF PROBATION BY ENGAGING IN MISCONDUCT
SIMILAR TO THAT FOR WHICH IT WAS PLACED ON PROBATION.
2. THE OFFENSE INVOLVED CONDUCT THAT WAS MALICIOUS OR
WANTON.
3. THE OFFENSE INVOLVED CONDUCT THAT POSED AN IMMINENT AND
SUBSTANTIAL HAZARD TO HUMAN HEALTH OR TO THE ENVIRONMENT OR
RESULTED IN SERIOUS ACTUAL HARM TO HUMAN HEALTH OR TO THE
ENVIRONMENT AND THE ENTERPRISE CONTINUED THE CONDUCT AFTER
RECEIVING NOTICE.
B. FOR THE PURPOSES OF THIS SECTION, AN ENTERPRISE IS DEEMED TO
HAVE RECEIVED NOTICE IF AN OFFICER, DIRECTOR OR HIGH MANAGERIAL
AGENT HAS ACTUAL KNOWLEDGE THAT THE ENTERPRISE IS ENGAGING IN THE
CONDUCT THAT CONSTITUTES A VIOLATION OF LAW AND THE OFFICER,
DIRECTOR OR HIGH MANAGERIAL AGENT KNOWS OR IS RECKLESSLY
INDIFFERENT TO THE FACT THAT THE CONDUCT IS OR MAY BE HARMFUL.
Approved by the Governor April 5, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
SHOPPING CARTS--RETRIEV AL
CHAPTER173
H.B.2066
AN ACT AMENDING TITLE 44, CHAPTER 11, ARIZONA REVISED STATUTES, BY
ADDING ARTICLE 19; RELATING TO SHOPPING CARTS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article
19, to read:
ARTICLE 19. SHOPPING CARTS
44-1799.31. Defmitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "BUSINESS OF SHOPPING CART RETRIEVAL" MEANS SEARCHING FOR,
GATHERING AND RESTORING POSSESSION TO THE OWNER OR THE OWNER'S
AGENT, FOR COMPENSATION OR IN EXPECTATION OF COMPENSATION, OF
SHOPPING CARTS LOCATED OUTSIDE THE PREMISES OR PARKING AREA OF A
RETAIL ESTABLISHMENT.
2. "PARKING AREA" MEANS A PARKING LOT OR OTHER PROPERTY
PROVIDED BY A RETAILER FOR USE BY A CUSTOMER FOR PARKING ANY
AUTOMOBILE OR OTHER VEHICLE.
Additions are indicated by UPPER CASE; deletions by ~ 1019
Ch. 173, § 1 441h LEGISLATURE
3. "SHOPPING CART" MEANS A BASKET THAT IS MOUNTED ON WHEELS OR
A SIMILAR DEVICE THAT rs GENERALLY USED IN A RETAIL ESTABLISHMENT BY
A CUSTOMER FOR THE PURPOSE OF TRANSPORTING GOODS OF ANY KIND.
44-1799.32. Prohibition of certain shopping cart activity; applicability;
consent; presumption
A. A PERSON SHALL NOT DO ANY OF THE FOLLOWING WITH THE INTENT
TO TEMPORARILY OR PERMANENTLY DEPRIVE THE OWNER OR RETAILER OF
POSSESSION OF A SHOPPING CART, IF THE SHOPPING CART HAS A
PERMANENTLY AFFIXED SIGN AS PROVIDED IN SUBSECTION B:
1. REMOVE A SHOPPING CART FROM THE PREMISES OR PARKING AREA OF
A RETAIL ESTABLISHMENT.
2. BE IN POSSESSION OF ANY SHOPPING CART THAT HAS BEEN REMOVED
FROM THE PREMISES OR PARKING AREA OF A RETAIL ESTABLISHMENT.
3. BE IN POSSESSION OF ANY SHOPPING CART WITH THE SERIAL NUMBERS
REMOVED, OBLITERATED OR ALTERED.
4. LEA VE OR ABANDON A SHOPPING CART AT A LOCATION OTHER THAN
THE PREMISES OR PARKING AREA OF THE RETAIL ESTABLISHMENT.
5. ALTER, CONVERT OR TAMPER WITH A SHOPPING CART, REMOVE ANY
PART OR PORTION OF A SHOPPING CART OR REMOVE, OBLITERATE OR ALTER
SERIAL NUMBERS ON A SHOPPING CART.
6. BE IN POSSESSION OF ANY SHOPPING CART WHILE THAT CART IS NOT
LOCATED ON THE PREMISES OR PARKING LOT OF A RETAIL ESTABLISHMENT.
B. SUBSECTION A APPLIES IF A SHOPPING CART HAS A SIGN
PERMANENTLY AFFIXED TO IT THAT IDENTIFIES THE OWNER OF THE CART OR
RETAILER, OR BOTH, NOTIFIES THE PUBLIC OF THE PROCEDURE TO BE USED FOR
AUTHORIZED REMOVAL OF THE CART FROM THE PREMISES, NOTIFIES THE
PUBLIC THAT THE UNAUTHORIZED REMOVAL OF THE CART FROM THE PREMISES
OR PARKING AREA OF THE RETAIL ESTABLISHMENT OR THE UNAUTHORIZED
POSSESSION OF THE CART IS A VIOLATION OF LAW AND LISTS A VALID
TELEPHONE NUMBER AND ADDRESS FOR RETURNING THE CART REMOVED
FROM THE PREMISES OR PARKING AREA TO THE OWNER OR RETAILER.
C. THIS SECTION DOES NOT APPLY TO THE OWNER OF A SHOPPING CART
OR TO A RETAILER OR A RETAILER'S AGENTS OR EMPLOYEES OR TO A
CUSTOMER OF A RETAIL ESTABLISHMENT WHO HAS WRITTEN CONSENT FROM
THE OWNER OF A SHOPPING CART OR A RETAILER TO BE IN POSSESSION OF THE
SHOPPING CART OR TO REMOVE THE SHOPPING CART FROM THE PREMISES OR
THE PARKING AREA OF THE RETAIL ESTABLISHMENT OR TO DO ANY OF THE
ACTS SPECIFIED IN SUBSECTION A.
D. IN ANY CIVIL PROCEEDING, ANY SHOPPING CART THAT HAS A SIGN
AFFIXED TO IT PURSUANT TO THIS SECTION ESTABLISHES A REBUTTABLE
PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE THAT THE
PROPERTY IS THAT OF THE PERSON OR BUSINESS NAMED IN THE SIGN AND NOT
ABANDONED BY THE PERSON OR BUSINESS NAMED IN THE SIGN. IN ANY
CRIMINAL PROCEEDING, IT MAY BE INFERRED THAT ANY SHOPPING CART THAT
HAS A SIGN AFFIXED TO IT PURSUANT TO THIS SECTION IS THE PROPERTY OF
THE PERSON OR BUSINESS NAMED ON THE SIGN AND HAS NOT BEEN
ABANDONED BY THE PERSON OR BUSINESS NAMED ON THE SIGN.
44-1799.33. Finding; impoundment of shopping carts by local agencies;
conditions; emergencies; costs; fines; disposal of unclaimed
carts; applicability
A. THE LEGISLATURE FINDS THAT THE RETRIEVAL BY LOCAL
GOVERNMENT AGENCIES OF SHOPPING CARTS SPECIFIED IN THIS SECTION IS IN
NEED OF UNIFORM STATEWIDE REGULATION AND CONSTITUTES A MATTER OF
STATEWIDE CONCERN THAT SHALL BE GOVERNED SOLELY BY THIS SECTION.
1020 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.173, § 1
B. A SHOPPING CART THAT HAS A SIGN AFFIXED TO IT IN ACCORDANCE
WITH SECTION 44-1799.32 MAY BE IMPOUNDED BY A CITY, TOWN OR COUNTY IF
BOTH OF THE FOLLOWING CONDITIONS HA VE BEEN SATISFIED:
I. THE SHOPPING CART IS LOCATED OUTSIDE THE PREMISES OR PARKING
AREA OF A RETAIL ESTABLISHMENT. THE PARKING AREA OF A RETAIL
ESTABLISHMENT LOCATED IN A MULTISTORE COMPLEX OR SHOPPING CENTER
INCLUDES THE PARKING AREA USED BY THE COMPLEX OR CENTER.
2. THE SHOPPING CART IS NOT RETRIEVED WITHIN THREE BUSINESS DAYS
AFTER THE DATE THE OWNER OF THE SHOPPING CART, OR THE OWNER'S AGENT,
RECEIVES ACTUAL NOTICE FROM THE CITY, TOWN OR COUNTY OF THE
SHOPPING CART'S DISCOVERY AND LOCATION.
C. IF THE LOCATION OF THE SHOPPING CART WILL IMPEDE EMERGENCY
SERVICES, OBSTRUCT VEHICLE TRAFFIC OR CREATE A SAFETY HAZARD TO THE
PUBLIC ON A PUBLIC RIGHT OF WAY, A CITY, TOWN OR COUNTY MAY
IMMEDIATELY RETRIEVE THE SHOPPING CART FROM PUBLIC OR PRIVATE
PROPERTY.
D. A CITY, TOWN OR COUNTY THAT IMPOUNDS A SHOPPING CART MAY
RECOVER ITS ACTUAL COSTS FOR PROVIDING THIS SERVICE.
E. A SHOPPING CART THAT IS IMPOUNDED BY A CITY, TOWN OR COUNTY
SHALL BE HELD AT A LOCATION THAT IS WITHIN THE CITY, TOWN OR COUNTY
AND OPEN FOR BUSINESS AT LEAST SIX HOURS ON MONDAY THROUGH FRIDAY
OF EACH WEEK EXCEPT ON HOLIDAYS OBSERVED BY THE CITY, TOWN OR
COUNTY.
F. A CITY, TOWN OR COUNTY MAY FINE THE OWNER OF A SHOPPING CART
NOT MORE THAN FIFTY DOLLARS FOR EACH OCCURRENCE IN EXCESS OF THREE
DURING THE PREVIOUS SIX MONTH PERIOD FOR FAILURE TO RETRIEVE
SHOPPING CARTS WITHIN ONE DAY IN ACCORDANCES WITH THIS SECTION. AN
OCCURRENCE INCLUDES ALL SHOPPING CARTS IMPOUNDED IN ACCORDANCE
WITH THIS SECTION IN A ONE DAY PERIOD.
G. A SHOPPING CART THAT IS NOT RECLAIMED FROM THE CITY, TOWN OR
COUNTY WITHIN THIRTY DAYS AFTER RECEIPT OF A NOTICE OF VIOLATION BY
THE OWNER OF THE SHOPPING CART MAY BE SOLD OR OTHERWISE DISPOSED OF
BY THE CITY, TOWN OR COUNTY IN POSSESSION OF THE SHOPPING CART.
H. NOTWITHSTANDING SUBSECTION B, PARAGRAPH 2 OF THIS SECTION, A
CITY, TOWN OR COUNTY MAY IMPOUND A SHOPPING CART THAT OTHERWISE
MEETS THE CRITERIA PRESCRIBED IN SUBSECTION B, PARA GRAPH 1 OF THIS
SECTION WITHOUT COMPLYING WITH THE THREE DAY ADVANCE NOTICE
REQUIREMENT IF ALL OF THE FOLLOWING APPLY:
1. THE OWNER OF THE SHOPPING CART OR THE OWNER'S AGENT IS
PROVIDED WITH ACTUAL NOTICE WITHIN TWENTY-FOUR HOURS AFTER THE
IMPOUND AND THAT NOTICE INFORMS THE OWNER OR THE OWNER'S AGENT OF
THE LOCATION WHERE THE SHOPPING CART MAY BE CLAIMED.
2. THE SHOPPING CART IS IMPOUNDED AT A LOCATION IN COMPLIANCE
WITH SUBSECTION E OF THIS SECTION.
3. THE SHOPPING CART IS RECLAIMED BY THE OWNER OR THE OWNER'S
AGENT WITHIN THREE BUSINESS DAYS AFTER THE DA TE OF ACTUAL NOTICE AS
PROVIDED IN PARAGRAPH 1 OF THIS SUBSECTION AND IS RELEASED AND
SURRENDERED TO THE OWNER OR AGENT AT NO CHARGE, INCLUDING THE
WAIVER OF ANY IMPOUND AND STORAGE FEES OR FINES THAT WOULD
OTHERWISE APPLY PURSUANT TO SUBSECTION D ORF OF THIS SECTION. ANY
CART RECLAIMED WITHIN THE THREE BUSINESS DAY PERIOD IS NOT DEEMED
AN OCCURRENCE FOR PURPOSES OF SUBSECTION F OF THIS SECTION.
I. ANY SHOPPING CART NOT RECLAIMED BY THE OWNER OR THE OWNER'S
AGENT AFTER THREE BUSINESS DAYS AFTER THE DATE OF ACTUAL NOTICE AS
Additions are indicated by UPPER CASE; deletions by ~ 1021
Ch. 173, § 1 44th LEGISLATURE
PROVIDED IN SUBSECTIONS B AND H OF THIS SECTION IS SUBJECT TO ANY
APPLICABLE FEE OR FINE IMPOSED PURSUANT TO SUBSECTION D OR F OF THIS
SECTION COMMENCING ON THE FOURTH BUSINESS DAY AFTER THE DATE OF
THE NOTICE.
J. ANY SHOPPING CART NOT RECLAIMED BY THE OWNER OR THE OWNER'S
AGENT WITHIN THIRTY DAYS AFTER THE DATE OF ACTUAL NOTICE AS
PROVIDED BY SUBSECTION H, PARAGRAPH I OF THIS SECTION MAY BE SOLD OR
DISPOSED OF IN ACCORDANCE WITH SUBSECTION G OF THIS SECTION.
44-1799.34. Shopping cart retrieval; records; sign
A. A PERSON WHO ENGAGES IN THE BUSINESS OF SHOPPING CART
RETRIEVAL SHALL RETAIN RECORDS SHOWING WRITTEN AUTHORIZATION
FROM THE CART'S OWNER, OR AN AGENT OF THE OWNER, TO RETRIEVE THE
CART AND TO BE IN POSSESSION OF THE CARTS RETRIEVED.
B. A COPY OF THE RECORD SHOWING WRITTEN AUTHORIZATION SHALL
BE MAINTAINED IN EACH VEHICLE USED FOR SHOPPING CART RETRIEVAL.
C. EACH VEHICLE USED FOR THE RETRIEVAL OF SHOPPING CARTS SHALL
DISPLAY A SIGN THAT CLEARLY IDENTIFIES THE RETRIEVAL SERVICE.
44-1799.35. Applicability of article; local ordinances
THIS ARTICLE DOES NOT INVALIDATE AN ORDINANCE OF, OR SHALL NOT
BE CONSTRUED TO PROHIBIT THE ADOPTION OF AN ORDINANCE BY A CITY,
TOWN OR COUNTY THAT REGULATES OR PROHIBITS THE REMOVAL OF
SHOPPING CARTS FROM THE PREMISES OR PARKING AREAS OF A RETAIL
ESTABLISHMENT EXCEPT TO THE EXTENT ANY PROVISION OF THE ORDINANCE
EXPRESSLY CONFLICTS WITH ANY PROVISION OF THIS ARTICLE.
44-1799.36. Violation; classification; applicability
A. A PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE IS GUILTY
OF A CLASS 3 MISDEMEANOR.
B. THIS ARTICLE IS NOT INTENDED TO PRECLUDE THE APPLICATION OF
ANY OTHER LAWS RELATING TO PROSECUTION FOR A CRIMINAL OFFENSE.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
REAL ESTATE
CHAPTER174
H. B.2117
AN ACT AMENDING SECTIONS 32-2104, 32-2136, 32-2151.02 AND 32-2153, ARIZONA
REVISED STATUTES; RELATING TO REAL ESTATE.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2104, Arizona Revised Statutes, is amended to read:
32-2104. Real estate advisory board; members; terms; qualifications;
compensation; chairman; duties
A. There shall be A real estate advisory board IS EST AB LI SHED composed of seven
NINE members who shall be appointed by the governor. The term of office of each member
shall-be IS six years, AND the terms of.we THREE members te expire ON January 31 OF each
odd numbered year except that each third odd numbered year the terms of three members shall
t!*pire. Appointment to fill a vacancy occurring other than by expiration of term shall be filled
by appointment for the unexpired portion of the term only.
1022 Additions are indicated by UPPER CASE; deletions by stFikeeut
SECOND REGULAR SESSION -2000 Ch.174, § 3
B. The membership of the board shall consist of:
1. Two members \Vho ha,re eaeh been, for five )'-Oars, EACH OF WHOM IS a real estate
broker WITH AT LEAST FIVE YEARS OF BROKERAGE EXPERIENCE aetively engaged in
business as sueh in this state. Not more than one member shall be appointed from any one
county.
2. TWO MEMBERS, EACH OF WHOM HAS BEEN ENGAGED IN RESIDENTIAL
REAL ESTATE BROKERAGE FOR THE FIVE YEARS IMMEDIATELY PRECEDING
APPOINTMENT.
~ 3. Two members who shall-be ARE primarily engaged in subdividing real property.
;h 4. Three public members who are not related within the third degree OF
consanguinity or affinity to any person holding a broker's or salesman's SALESPERSON'S
license from this state.
C. Members of the board shall receive no compensation but shall be reimbursed for
subsistence expenses pursuant to section 38-624 and travel expenses pursuant to section 38-623.
D. The board annually shall select from its membership a chairperson for the board.
E. The board shall provide the commissioner with such recommendations as it deems
necessary and beneficial to the best interests of the public. The board shall also provide
recommendations on specific questions or proposals AS THE BOARD DEEMS NECESSARY
OR as requested by the commissioner.
F. The board annually shall present to the governor an evaluation of the performance of
the real estate commissioner and the real estate department.
G. NOT MORE THAN FNE MEMBERS OF THE BOARD FROM ANY ONE
COUNTY MAY SERVE CONCURRENTLY.
Sec. 2. Section 32-2136, Arizona Revised Statutes, is amended to read:
32-2136. Broker management clinic
A. The department shall 6eflffil€t DETERMINE THE INSTRUCTOR
QUALIFICATIONS FOR TEACHING BROKER MANAGEMENT CLINICS AND THE
COURSE CONTENT OF broker audit MANAGEMENT clinics for persons required to attend
these clinics pursuant to subsection C of this section. The depar.rnent shall not eharge a fee
for any audit elinie that is eondaeted by the c!epartment.
B. The A broker audit MANAGEMENT clinic shall include instruction on department
audits and on the obligations and responsibilities of designated brokers. The A BROKER
MANAGEMENT clinic shall address record keeping requirements, trust fund accounts,
ADVERTISING AND PROMOTIONS, listing agreements, contracts, fiduciary duties,
MATERIAL DISCLOSURES, department investigations and employee supervision and broker
responsibilities. A broker audit MANAGEMENT clinic may be designed to address property
management activities or sales activities, or both.
C. A person who is issued an original real estate broker's license shall attend a broker
audit MANAGEMENT clinic within ninety days after issuance of the license. A person who
becomes a designated broker shall attend a broker audit MANAGEMENT clinic within ninety
days after becoming a designated broker, unless the broker has attended an-aadit A BROKER
MANAGEMENT clinic during the broker's current licensing period. All designated real estate
brokers shall attend a broker audit MANAGEMENT clinic once during every fooF TWO year
LICENSING period after their initial attendance.
D. Attendance at a broker audit MANAGEMENT clinic constitutes three clock-hours of
real estate oriented education pursuant to section 32-2130, subsection A.
Sec. 3. Section 32-2151.02, Arizona Revised Statutes, is amended to read:
32-2151.02. Real estate employment agreements; definition
A. All real estate sale or rental listing EMPLOYMENT agreements and all buver's
broker employment agreements shall:
1. Be written in clear and unambiguous language.
2. Fully set forth all material terms, INCLUDING THE TERMS OF BROKER
COMPENSATION.
3. Have a definite duration or expiration date, showing dates of inception and expiration.
Additions are indicated by UPPER CASE; deletions by~ 1023
Ch. 174,§3 441h LEGISLATURE
4. Be signed by all parties to the agreement.
B. An employing broker shall not assign a ltstmg REAL ESTATE EMPLOYMENT
agreement to another broker without the express written consent of all parties to the agreement at
the time of the assignment.
C. A licensee shall not procure, or attempt to procure, a Hstmg REAL ESTATE
EMPLOYMENT agreement for property that FROM A PARTY WHO is already subject to an
existing exclusive Hstmg REAL ESTATE EMPLOYMENT agreement unless the licensee has
notified the seller or lessor RECEIVED WRITTEN ACKNOWLEDGMENT FROM THE
PARTY that the execution of additional HstiBgs REAL ESTATE EMPLOYMENT
AGREEMENTS could expose the seller or lessor PARTY to liability for substantial additional
commissions, and the seller or lessor signs the notifieation aeknovAedging its reeeipt. Nothing in
this subsection shall be construed to abrogate any civil liability of a licensee arising out of this
conduct.
D. A REAL ESTATE EMPLOYMENT AGREEMENT IS NOT REQUIRED FOR A
LICENSEE TO REPRESENT A PARTY IN A TRANSACTION.
E. FOR THE PURPOSES OF THIS SECTION, "REAL ESTATE EMPLOYMENT
AGREEMENT" MEANS A WRITTEN AGREEMENT BY WHICH A REAL ESTATE
BROKER IS ENTITLED TO COMPENSATION FOR SERVICES RENDERED PURSUANT
TO SECTION 44-101, PARAGRAPH 7.
Sec. 4. Section 32-2153, Arizona Revised Statutes, is amended to read:
32-2153. Grounds for denial, suspension or revocation of licenses; issuance
of a provisional license; retention of jurisdiction by
commissioner; definition
A. The commissioner may suspend or revoke a license, deny the issuance of a license,
ISSUE A PROVISIONAL LICENSE or deny the renewal or the right of renewal of a license
issued under the provisions of this chapter if it appears that the holder or applicant, within five
years immediately preceding, in the performance of or attempt to perform any acts authorized by
the license or by this chapter, has:
1. Pursued a course of misrepresentation or made false promises, either directly or
through others, whether acting in the role of a licensee or a principal in a transaction.
2. Acted for more than one party in a transaction without the knowledge or consent of all
parties to the transaction.
3. Disregarded or violated any of the provisions of this chapter or any rules adopted by
the commissioner.
4. Knowingly authorized, directed, connived at or aided in the publication,
advertisement, distribution or circulation of any material false or misleading statement or
representation concerning the licensee's business or any land, cemetery property, subdivision or
membership campground or camping contract offered for sale, in this or any other state.
5. Knowingly used the term "real estate broker", "cemetery broker" or "membership
camping broker" without legal right to do so.
6. Employed any unlicensed salesperson or unlicensed associate broker.
7. Accepted compensation as a licensee for the performance of any of the acts specified
in this chapter from any person other than the licensed broker to whom the licensee is licensed,
the licensed professional corporation of which the licensee is an officer and shareholder or the
licensed professional limited liability company of which the licensee is a member or manager.
8. Represented or attempted to represent a broker other than the broker to whom the
salesperson or associate broker is licensed.
9. Failed, within a reasonable time, to account for or to remit any monies, to surrender to
the rightful owner any documents or other valuable property coming into the licensee's
possession whieh belong AND THAT BELONGS to others, or to issue an appraisal report on
real property or cemetery property in which the licensee has an interest, unless the nature and
extent of the interest are fully disclosed in the report.
10. Paid or received any rebate, profit, compensation or commission in violation of this
chapter.
1024 Additions are indicated by UPPER CASE; deletions by stFikeeHt
SECOND REGULAR SESSION -2000 Ch.174, § 4
11. Induced any party to a contract to break the contract for the purpose of substituting a
new contract with the same or a different principal, if the substitution is motivated by the
personal gain of the licensee.
12. Placed a sign on any property offering it for sale or for rent without the written
authority of the owner or the owner's authorized agent.
13. Solicited, either directly or indirectly, prospects for the sale, lease or use of real
property, cemetery property or membership camping contracts through a promotion of a
speculative nature involving a game of chance or risk or through conducting lotteries or contests
that are not specifically authorized under the provisions of this chapter.
14. Failed to pay to the commissioner the biennial renewal fee as specified in this chapter
promptly and before the time specified.
15. Failed to keep an escrow or trust account or other record of funds deposited with the
licensee relating to a real estate transaction.
16. Commingled the money or other property of the licensee's principal or client with the
licensee's own or converted that money or property to the licensee or another.
17. Failed or refused upon demand to produce any document, contract, book, record,
information, compilation or report that is in the licensee's possession or that the licensee is
required by law to maintain concerning any real estate, cemetery or membership camping
business, services, activities or transactions involving or conducted by the licensee for inspection
by the commissioner or the commissioner's representative.
18. Failed to maintain a complete record of each transaction which comes within the
provisions of this chapter.
19. Violated the federal fair housing law, the Arizona civil rights law or any local
ordinance of a similar nature.
20. Tendered to the A buyer a wood infestation report in connection with the transfer of
residential real property or an interest in residential real property knowing that wood infestation
exists or that the wood infestation report was inaccurate or false as of the date of the tender or
that an inspection was not done in conjunction with the preparation of the wood infestation
report.
21. As a licensed broker, failed to exercise reasonable supervision over the activities of
salespersons, associate brokers or others under the broker's employ or failed to exercise
reasonable supervision and control over the activities for which a license is required of a
corporation, limited liability company or partnership on behalf of which the broker acts as
designated broker under section 32-2125.
22. Demonstrated negligence in performing any act for which a license is required.
23. Sold or leased a property to a buyer or lessee that was not the property represented to
the buyer or lessee.
24. Violated any condition or term of a commissioner's order.
25. Signed the name of another person on any document or form without the express
written consent of the person.
B. The commissioner may suspend or revoke a license, deny the issuance of a license,
ISSUE A PROVISIONAL LICENSE or deny the renewal or the right of renewal of a license
issued under the provisions of this chapter when it appears that the holder or applicant therefor
has:
I. Procured or attempted to procure a license under the provisions of this chapter for
himself or another by fraud, misrepresentation or deceit, or by filing an original or renewal
application which is false or misleading.
2. Been convicted in a court of competent jurisdiction in this or any other state of a
felony or of any crime of forgery, theft, extortion, conspiracy to defraud, a crime of moral
turpitude or any other like offense.
3. Made any substantial misrepresentation.
4. Made any false promises of a character likely to influence, persuade or induce.
5. Been guilty of any conduct, whether of the same or a different character than specified
in this section, which constitutes fraud or dishonest dealings.
Additions are indicated by UPPER CASE; deletions by stFikeoot 1025
Ch. 174, § 4 441h LEGISLATURE
6. Engaged in the business of a real estate, cemetery or membership camping broker or
real estate, cemetery or membership camping salesperson without holding a license as prescribed
in this chapter.
7. Not shown that the holder or applicant is a person of honesty, truthfulness and good
character.
8. Demonstrated incompetence to perform any duty or requirement of a licensee under or
arising from this chapter.
9. Violated the terms of any criminal or administrative order, decree or sentence.
10. Violated any federal or state law, regulation or rule that relates to real estate or
securities or that involves forgery, theft, extortion, fraud, substantial misrepresentation, dishonest
dealings or violence against another person or failure to deal fairly with any party to a transaction
that materially and adversely affected the transaction. This paragraph applies equally to
violations of which the licensee was convicted in any lawful federal or state tribunal and to any
admissions made in any settlement agreement by the licensee to violations.
C. The commissioner may deny, suspend or revoke the issuance of a license upon
application by a corporation, a limited liability company or a partnership if it appears that an
owner, officer, director, member, manager, partner, stockholder owning ten per cent or more of
the stock in the corporation or limited liability company or person exercising control of the entity
is a current or former licensee whose license as a broker or a salesperson has been denied,
suspended or revoked.
D. The lapsing or suspension of a license by operation of law or by order or decision of
the commissioner or a court of law or the voluntary surrender of a license by a licensee shall not
deprive the commissioner of jurisdiction to do any of the following:
1. Proceed with any investigation of or action or disciplinary proceeding against the
licensee.
2. Render a decision suspending or revoking the license, or denying the renewal or right
of renewal of the license.
3. Assess a civil penalty pursuant to section 32-2160.01.
E. FOR THE PURPOSES OF THIS SECTION, "PROVISIONAL LICENSE" MEANS
A LICENSE THAT THE DEPARTMENT ISSUES AND THAT ALLOWS A LICENSEE TO
PRACTICE AS A SALESPERSON OR BROKER SUBJECT TO EITHER A CONSENT
ORDER AS PRESCRIBED IN SECTION 32-2153.01 OR THE COMMISSIONER'S TERMS,
CONDITIONS AND RESTRICTIONS.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
AMBULANCES AND AMBULANCE SERVICE-RA TES
CHAPTER175
H.B. 2148
AN ACT AMENDING SECTIONS 36-2232 AND 36-2239, ARIZONA REVISED
STATUTES; RELATING TO THE REGULATION OF AMBULANCES AND
AMBULANCE SERVICES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2232, Arizona Revised Statutes, is amended to read:
36-2232. Director; powers and duties; regulation of ambulance services;
inspections
A. The director shall adopt rules to regulate the operation of ambulances and ambulance
services in this state. Each rule shall identify all sections and subsections of this chapter under
which the rule was formulated. The rules shall provide for the department to do the following:
1026 Additions are indicated by UPPER CASE; deletions by stFikeoo-t
SECOND REGULAR SESSION -2000 Ch.175, § 1
1. Determine, fix, alter and regulate just, reasonable and sufficient rates and charges for
the provision of ambulances, including rates and charges for advanced life support service, basic
life support service, patient loaded mileage, standby waiting, subscription service contracts and
other contracts for services related to the provision of ambulances. THE DIRECTOR MAY
ESTABLISH A RATE AND CHARGE STRUCTURE AS DEFINED BY FEDERAL MEDICARE
GUIDELINES FOR AMBULANCE SERVICES. The director shall inform all ambulance services
of the procedures and methodology used to determine ambulance rates or charges.
2. Regulate operating and response times of ambulances to meet the needs of the public
and to insure adequate service. The rules adopted by the director for certificated ambulance
service response times shall include uniform standards for urban, suburban, rural and wilderness
geographic areas within the certificate of necessity based on, but not limited to, population
density, geographic and medical considerations.
3. Determine, fix, alter and regulate bases of operation. The director may issue a
certificate of necessity to more than one ambulance service within any base of operation. For
purposes of this paragraph, "base of operation" means a service area granted under a certificate
of necessity.
4. Issue, amend, transfer, suspend or revoke certificates of necessity under terms and
conditions not ineonsistent CONSISTENT with this article.
5. Prescribe a uniform system of accounts to be used by ambulance services and which
conforms to standard accounting forms and principles for the ambulance industry.
6. Require the filing of an annual financial report and other data. These rules shall
require an ambulance service to file the report with the department not later than one hundred
eighty days after the completion of its annual accounting period.
7. Regulate ambulance services in all matters affecting services to the public to the end
that the provisions of this article may be fully carried out.
8. Prescribe bonding requirements, if any, for ambulance services granted authority to
provide any type of subscription service.
9. Offer technical assistance to ambulance services to maximize a healthy and viable
business climate for the provision of ambulances.
10. Offer technical assistance to ambulance services in order to obtain or to amend a
certificate of necessity.
11. Inspect, at a maximum of twelve month intervals, all ambulanees EACH
AMBULANCE registered pursuant to section 36-2212 to assure that the vehicle is operational
and safe and that all required medical equipment is operational. At the request of the provider,
the inspection may be performed by a facility approved by the director. If a provider requests
that the inspection be performed by a facility approved by the director, the provider shall pay the
cost of the inspection.
B. The director may require any ambulance service offering subscription service
contracts to obtain a bond in an amount determined by the director, which amount shall be based
upon the number of subscription service contract holders, and to file such bond with the director
for the protection of all subscription service contract holders in this state who are covered under
that subscription contract.
C. An ambulance service shall:
1. Maintain, establish, add, move or delete suboperation stations within its base of
operation to assure that the ambulance service meets the established response times or those
approved by the director in a political subdivision contract.
2. Determine the operating hours of its suboperation stations to provide for coverage of
its base of operation.
3. Provide the department with a list of suboperation station locations.
4. Notify the department at least thirty days before the ambulance service makes a
change in the number or location of its suboperation stations.
D. At any time the director or the director's agents may:
1. Inquire into the operation of an ambulance service including a person operating an
ambulance which has not been issued a certificate of registration or a person who does not have
or is operating outside of a certificate of necessity.
Additions are indicated by UPPER CASE; deletions by~ 1027
Ch. 175, § 1 44th LEGISLATURE
2. Conduct on-site inspections of facilities, communications equipment, vehicles,
procedures, materials and equipment.
3. Review the qualifications of ambulance attendants.
E. If all ambulance services that have been granted authority to operate within the same
service area or that have overlapping certificates of necessity apply for uniform rates and
charges, the director may establish uniform rates and charges for the service area.
Sec. 2. Section 36-2239, Arizona Revised Statutes, is amended to read:
36-2239. Rates or charges of ambulance service
A. An ambulance service that applies for an adjustment in its rates or charges shall
automatically be granted a rate increase equal to the amount determined under section 36-2234,
subsection E, if the ambulance service is so entitled. AN AUTOMATIC RATE ADruSTMENT
GRANTED PURSUANT TO THIS SUBSECTION AND THAT IS FILED ON OR BEFORE
APRIL 1 IS EFFECTIVE JUNE 1 OF THAT YEAR. THE DEPARTMENT SHALL NOTIFY
THE APPLICANT AND EACH HEALTH CARE SERVICES ORGANIZATION AS
DEFINED IN SECTION 20-1051 OF THE RATE ADmSTMENT ON OR BEFORE MAY 1
OF THAT YEAR.
B. Notwithstanding subsection D of this section, if the department does not hold a
hearing within ninety days after an ambulance service submits an application to the department
for an adjustment of its rates or charges, the ambulance service may adjust its rates or charges to
an amount not to exceed the amount sought by the ambulance service in its application to the
department. An ambulance service shall not apply for an adjustment of its rates or charges more
than once every six months.
C. The ElepartmeB.t may, At the time it holds a hearing on the rates or charges of an
ambulance service pursuant to section 36-2234, THE DEPARTMENT MAY adjust the rates or
charges adjusted by the ambulance service pursuant to subsection B of this section, but the
adjustment shall not be retroactive.
D. An ambulance service shall not charge, demand or collect any remuneration for any
service greater or lesser than or different from the rate or charge determined and fixed by the
department as the rate or charge for that service. An ambulance service may charge for
disposable supplies, medical supplies and medication and oxygen related costs if the charges do
not exceed the manufacturer's suggested retail price, are uniform throughout the ambulance
service's certificated area and are filed with the director. An ambulance service shall not refund
or limit in any manner or by any device any portion of the rates or charges for a service which
the department has determined and fixed or ordered as the rate or charge for that service.
E. The department shall determine and render its decision regarding all rates or charges
within ninety days after commencement of the applicant's hearing for an adjustment of rates or
charges. If the department does not render its decision as required by this subsection, the
ambulance service may adjust its rates and charges to an amount that does not exceed the
amounts sought by the ambulance service in its application to the department. If the department
renders a decision to adjust the rates or charges to an amount less than that requested in the
application and the ambulance service has made an adjustment to its rates and charges that is
higher than the adjustment approved by the department, within thirty days ffem AFTER the
department's decision the ambulance service shall refund to the appropriate ratepayer the
difference between the ambulance service's adjusted rates and charges and the rates and charges
ordered by the department. The ambulance service shall provide evidence to the department that
the refund has been made. If the ambulance service fails to comply with this subsection, the
director may impose a civil penalty subject to the limitations provided in section 36-2245.
F. An ambulance service shall charge the advanced life support base rate as prescribed
by the director under any of the following circumstances:
1. A person requests an ambulance by dialing telephone number 911, or a similarly
designated telephone number for emergency calls, and the ambulance service meets the
following:
(a) The ambulance is staffed with at least one ambulance attendant.
(b) The ambulance is equipped with all required advanced life support medical
equipment and supplies for the advanced life support attendants in the ambulance.
1028 Additions are indicated by UPPER CASE; deletions by Sffil.eem
SECOND REGULAR SESSION -2000 Ch.176, § 1
( c) The patient receives advanced life support services or is transported by the advanced
life support unit.
2. Advanced life support is requested by a medical authority or by the patient.
3. The ambulance attendants administer one or more specialized treatment activities or
procedures as prescribed by the department by rule.
G. An ambulance service shall charge the basic life support base rate as prescribed by
the director under any of the following circumstances:
I. A person requests an ambulance by dialing telephone number 911, or a similarly
designated telephone number for emergency calls, and the ambulance service meets the
following:
(a) The ambulance is staffed with two ambulance attendants certified by this state.
(b) The ambulance is equipped with all required basic life support medical equipment
and supplies for the basic life support medical attendants in the ambulance.
(c) The patient receives basic life support services or is transported by the basic life
support unit.
2. Basic life support transportation or service is requested by a medical authority or by
the patient, unless any provision of subsection F of this section applies, in which case the
advanced life support rate shall apply.
H. The provisions of Subsection F, paragraph 1 of this section €le DOES not apply to
remunerations A REMUNERATION made pursuant to the Arizona health care cost containment
system.
I. In establishing rates and charges the director shall consider the following factors:
1. The transportation needs assessment of the medical response system in a political
subdivision.
2. The medical care consumer price index of the United States department of labor,
bureau of labor statistics.
3. Whether a review is made by a local emergency medical services coordinating system
in regions where that system is designated as to the appropriateness of the proposed service level.
4. The rate ofreturn on gross revenue.
5. Response times pursuant to section 36-2232, subsection A, paragraph 2.
J. Notwithstanding section 36-2234, an ambulance service may charge an amount for
medical assessment, equipment or treatment that exceeds the requirements of section 36-2205 if
requested or required by a medical provider or patient.
K. Notwithstanding subsections D, F and G of this section, an ambulance service may
provide gratuitous services if an ambulance is dispatched and the patient subsequently declines
to be treated or transported.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
BOARD OF MEDICAL EXAMINERS-OMNIBUS
CHAPTER176
H.B. 2158
AN ACT AMENDING SECTIONS 32-1800, 32-1802, 32-1803, 32-1821, 32-1822, 32-1825,
32-1826, 32-1854, 32-1855 AND 32-1871, ARIZONA REVISED STATUTES;
AMENDING TITLE 32, CHAPTER 17, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 32-1831; RELATING TO THE BOARD OF
OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY.
Be it enacted by the Legislature of the State of Arizona:
Additions are indicated by UPPER CASE; deletions by~ 1029
Ch. 176, § 1 441h LEGISLATURE
Section 1. Section 32-1800, Arizona Revised Statutes, is amended to read:
32-1800. Definitions
In this chapter, unless the context otherwise requires:
I. "Active license" means a valid license to practice medicine.
2. "Adequate records" means legible medical records containing, at a mm1mum,
sufficient information to identify the patient, support the diagnosis, justify the treatment,
accurately document the results, indicate advice and cautionary warnings provided to the patient
and provide sufficient information for another licensed health care practitioner to assume
continuity of the patient's care at any point in the course of treatment.
3. "Approved fellowship program" means that an applicant for licensure completed
training when the hospital or other facility in which the training occurred was approved for
fellowship by the American osteopathic association or by the accreditation council on graduate
medical education.
4. "Approved hospital internship" means that an applicant for licensure completed
training when the hospital or other facility in which the training occurred was approved for
internship by the American osteopathic association or by the accreditation council on graduate
medical education.
5. "Approved preceptorship" means that an applicant for licensure completed training
when the hospital or other facility in which the training occurred was approved for preceptorship
by the American osteopathic association or by the accreditation council on graduate medical
education.
6. "Approved residency" means that an applicant for licensure completed training when
the hospital or other facility in which the training occurred was approved for residency by the
American osteopathic association or by the accreditation council on graduate medical education.
7. "Approved school of osteopathic medicine" means a school or college offering a
course of study which, on successful completion, results in the awarding of the degree of doctor
of osteopathy and whose course of study has been approved or accredited by the American
osteopathic association.
8. "Board" means the Arizona board of osteopathic examiners in medicine and surgery.
9. "Completed application" means an application for which the applicant has supplied all
required fees, information and correspondence required by the board on forms and in a manner
approved by the board.
10. "Decree of censure" means a formal written reprimand by the board of a physician for
a violation of this chapter that constitutes an official action against a physician's license.
11. "Direct supervision" means that a physician is within the same room or office suite as
the medical assistant in order to be available for consultation regarding those tasks the medical
assistant performs pursuant to section 32-1859.
12. "Dispense" means the delivery by a physician of a prescription drug or device to a
patient, except for samples packaged for individual use by licensed manufacturers or repackagers
of drugs, and includes the prescribing, administering, packaging, labeling and security necessary
to prepare and safeguard the drug or device for delivery.
13. "Doctor of osteopathy" means a person who holds a license, registration or permit to
practice medicine pursuant to this chapter.
14. "Full-time faculty member" means a physician employed full time as a faculty
member while holding the academic position of assistant professor or a higher position at an
approved school of osteopathic medicine.
15. "Immediate family" means the spouse, natural or adopted children, father, mother,
brothers and sisters of the physician and the natural and adopted children, father, mother,
brothers and sisters of the physician's spouse.
16. "Inappropriate fee" means a fee that is not supported by documentation of time,
complexity or extreme skill required to perform the service.
17. "Informal interview INVESTIGATIVE HEARING" means a meeting between the
board and a physician to discuss issues set forth in the iafurmaJ. mteP1ievt' INVESTIGATIVE
HEARING notice and during which the board may hear statements from board staff, the
complainant and the physician.
1030 Additions are indicated by UPPER CASE; deletions by siFikeeut
SECOND REGULAR SESSION -2000 Ch.176, § 1
18. "Joint board" means the joint board on the regulation of physician assistants
established pursuant to chapter 25 of this title.
19. "Letter of concern" means an advisory letter to notify a physician that while there is
insufficient evidence to support direct action against the physician's license there is sufficient
evidence for the board to notify the physician of its concern. A letter of concern is a public
document FOR FIVE YEARS AFTER IT IS ISSUED and may be used in future disciplinary
actions against the physician.
20. "Medical assistant" means an unlicensed person who has completed an educational
program approved by the board, who assists in a medical practice under the supervision of a
doctor of osteopathic medicine and who performs delegated procedures commensurate with the
assistant's education and training but who does not diagnose, interpret, design or modify
established treatment programs or violate any statute.
21. "Medical peer review" means the participation by a doctor of osteopathy in the review
and evaluation of the medical management of a patient and the use of resources for patient care
as well as activities relating to a health care institution's decision to grant or continue privileges
to practice at that institution.
22. "Medically incompetent" means that a person lacks sufficient medical knowledge or
skills, or both, to a degree likely to endanger the health of patients or fails to obtain a scaled
score of at least seventy-five per cent on the written special purpose licensing examination
administered by the board.
23. "Medicine" means osteopathic medicine as practiced by a person who receives a
degree of doctor of osteopathy.
24. "Physician" means a doctor of osteopathic medicine who holds a license to practice
osteopathic medicine pursuant to this chapter.
25. "Practice of medicine" or "practice of osteopathic medicine" means all of the
following:
(a) To examine, diagnose, treat, prescribe for, palliate, prevent or correct human
diseases, injuries, ailments, infirmities and deformities, physical or mental conditions, real or
imaginary, by the use of drugs, surgery, manipulation, electricity or any physical, mechanical or
other means as provided by this chapter.
(b) Suggesting, recommending, prescribing or administering any form of treatment,
operation or healing for the intended palliation, relief or cure of any physical or mental disease,
ailment, injury, condition or defect.
( c) The practice of osteopathic medicine alone or the practice of osteopathic surgery or
osteopathic manipulative therapy, or any combination of either practice.
26. "Special purpose licensing examination" means an examination developed by the
national board of medical examiners, on behalf of the federation of state medical boards or the
national board of osteopathic medical examiners for use by state licensing boards, to test the
basic medical competency of physicians who are applying for licensure and who have been in
practice in another jurisdiction or to determine the competency of a physician WHO HAS NOT
BEEN IN PRACTICE FOR A CONSIDERABLE PERIOD OF TIME OR WHO IS under
investigation.
27. "Specialist" means a physician who has successfully completed postdoctoral training
in an approved fellowship program, an approved preceptorship or an approved residency or who
is board certified by a specialty board approved by the board.
28. "Subscription provider of health care" means an entity which, through contractual
agreement, is responsible for the payment, in whole or in part, of debts incurred by a person for
medical or other health care services.
29. "Teaehfflg hospital's aeerew.ted graduate medieal ecmeatiofl program" means that a
hospital is iBeorporated and has an im:emship, fellowsh½> or resideBey traiBiBg program that is
aeerew.ted by the aeereditatioB e01meil for graooate medieal eooeatioB, the Ameriean osteopathie
assoeiatiofl or a similar body appro•1ed by the board.
30. "Teaehiflg lieeBse" meaBS a valid lieeBse to praetiee osteopath.is medieiBe as a
full time faeHJ.tv member of an aaaroved sehool ofmedieal edHeatioB aroemm..
Additions are indicated by UPPER CASE; deletions by stFikeeut 1031
Ch. 176, §2 44th LEGISLATURE
Sec. 2. Section 32-1802, Arizona Revised Statutes, is amended to read:
32-1802. Meetings; organization; compensation
A. The board shall hold an annual meeting during the month of January each year in the
city of Phoenix, and may hold other meetings at times and places determined by a majority of
the board t1poB giviag ON NOTICE to each member and the general public Betiee pursuant to
title 38, chapter 3, article 3.1. A majority of the members of the board constitutes a quorum, and
a majority vote of a quorum present at any meeting governs all board actions.
B. At each annual meeting the board shall select from among its membership a president
and vice-president who shall serve until their successors are chosen. If either of these offices
becomes vacant before the annual meeting the board may elect a replacement at any other board
meeting.
C. Members of the board are eligible to receive compensation in the amount of eae
TWO hundred fifty dollars for each day of actual service in the business of the board and
reimbursement of all expenses necessarily and properly incurred in attending meetings of the
board.
D. Board members, the executive director, permanent or temporary board personnel,
board consultants and professional medical investigators are immune from civil liability for any
act they do in good faith to implement this chapter.
Sec. 3. Section 32-1803, Arizona Revised Statutes, is amended to read:
32-1803. Powers and duties
A. The board shall:
1. Protect the public from unlawful, incompetent, unqualified, impaired and
unprofessional practitioners of osteopathic medicine.
2. Conduct examinations for applicants for a license under this chapter, issue licenses,
conduct hearings, place physicians on probation, revoke or suspend licenses, enter into stipulated
orders, issue letters of concern or decrees of censure and administer and enforce all provisions of
this chapter.
3. Order and evaluate physical, psychological, psychiatric and competency testing of
licensed physicians and candidates for licensure as the board determines is necessary to enforce
this chapter.
4. Initiate investigations and determine on its own motion if a doctor of osteopathic
medicine has engaged in unprofessional conduct or provided incompetent medical care or is
mentally or physically unable to engage in the practice of medicine.
5. Enforce, within the osteopathic profession in this state, the standards of practice
prescribed by this chapter and the rules adopted by the board pursuant to the authority granted by
this chapter.
6. Collect and account for all fees provided for by this chapter and cause them to be paid
to the state treasurer.
7. Charge additional fees for services which the board deems appropriate to carry out its
intent and purpose and which do not exceed the costs ofrendering the services.
8. Maintain a record of its acts and proceedings, including, b:at aot limited to, the
issuance, refusal, renewal, suspension or revocation of licenses to practice according to the terms
of this chapter. THE BOARD SHALL ONLY DELETE RECORDS OF COMPLAINTS AS
FOLLOWS:
(a) IF THE BOARD DISMISSES A COMPLAINT WITH PREJUDICE BECAUSE IT
DETERMINES THAT THE COMPLAINT DOES NOT FALL WITHIN THE BOARD'S
JURISDICTION, THE BOARD SHALL DELETE THE RECORD OF THE COMPLAINT
THREE YEARS AFTER IT RECEIVED THE COMPLAINT.
(b) IF THE BOARD DISMISSES A COMPLAINT WITHOUT PREJUDICE AFTER A
SETTLEMENT CONFERENCE, THE BOARD SHALL DELETE THE RECORD OF THE
COMPLAINT FIVE YEARS AFTER IT RECEIVED THE COMPLAINT.
(c) IF THE BOARD HAS ISSUED A LETTER OF CONCERN BUT HAS TAKEN NO
FURTHER ACTION, THE BOARD SHALL DELETE THE RECORD OF THE COMPLAINT
FIVE YEARS AFTER IT RECEIVED THE COMPLAINT.
1032 Additions are indicated by UPPER CASE; deletions by ffFikeetlt
SECOND REGULAR SESSION -2000 Ch. 176, § 4
9. Maintain a roster of all osteopathic physicians and surgeons who are licensed pursuant
to this chapter that includes:
(a) The name of the licensed physician.
(b) The physician's current professional office address.
(c) The date and number of the license issued to the physician pursuant to this chapter.
( d) Whether the license is in good standing.
10. Adopt rules regarding the regulation and the qualifications of medical assistants.
11. Establish a program that is reasonable and necessary to educate physicians regarding
the uses and advantages of autologous blood transfusions.
12. REVIEW THE CREDENTIALS AND THE ABILITIES OF AN APPLICANT
WHOSE PROFESSIONAL RECORDS OR PHYSICAL OR MENTAL CAPABILITIES MAY
NOT MEET THE REQUIREMENTS FOR LICENSURE OR REGISTRATION AS
PRESCRIBED IN ARTICLE 2 OF THIS CHAPTER IN ORDER FOR THE BOARD TO
DETERMINE IF THE APPLICANT MEETS THE REQUIREMENTS FOR LICENSURE OR
REGISTRATION PURSUANT TO THIS CHAPTER.
13. DISCIPLINE AND REHABILITATE OSTEOPATHIC PHYSICIANS.
B. The records of the board shall-be ARE open to public inspection at all reasonable
times.
C. The board may:
1. Adopt rules necessary or proper for the administration of this chapter.
2. Appoint hearing officers to conduct hearings pursuant to this chapter.
3. Appoint one of its members to the jurisdiction arbitration panel pursuant to section
32-2907, subsection B.
D. The board shall adopt and use a seal, the imprint of which, together with the signature
of either the president, vice-president or executive director, shall evidence its official acts.
E. In conducting investigations pursuant to this chapter the board may receive and
review confidential internal staff reports relating to complaints and malpractice claims.
F. The board may make available to academic and research organizations public records
regarding statistical information on doctors of osteopathic medicine and applicants for licensure.
Sec. 4. Section 32-1821, Arizona Revised Statutes, is amended to read:
32-1821. Persons and acts not affected by chapter
Nothing in This chapter shall be construed to DOES NOT prevent:
1. A duly licensed physician and surgeon of any other state, district or territory from
meeting a person registered pursuant to this chapter within this state for consultation or, pursuant
to an invitation by a legitimate sponsor, visiting this state for the sole purpose of promoting
professional education through lectures, clinics or demonstrations as long as the visiting
physician does not open an office, designate a place to meet patients or receive calls relating to
the practice of medicine outside of the facilities and programs of the sponsor.
2. Any physician and surgeon duly licensed in a neighboring state from extending such
physician and surgeon's practice into this state, if such physician and surgeon does not open an
office, appoint a plaee of meeting or receive calls in this state.
eh 2. The practice of any other method, system or science of healing by a person duly
licensed pursuant to the laws of this state.
4-c 3. The practice by physicians and surgeons discharging their duties while members of
the armed forces of the United States or other federal agencies.
~ 4. Any act, task or function performed by a physician assistant in the proper discharge
of the physician assistant's duties.
6c 5. A person administering a lawful domestic or family remedy to a member of his
THAT PERSON'S own family.
1-c 6. Providing medical assistance in case of an emergency.
8. An approved hospital residency or fellowship training program provided an
unlicensed resident or fellow does not practice medicine in any form outside the auspices of the
training progrffilr.
9c 7. The emergency harvesting of donor organs.
Additions are indicated by UPPER CASE; deletions by stRkeoot 1033
Ch. 176, § 5 44th LEGISLATURE
Sec. 5. Section 32-1822, Arizona Revised Statutes, is amended to read:
32-1822. Qualifications of applicant; application; fees
A. An applicant for licensure shall:
1. Be a citizen of the United States or a resident alien.
2. Be a graduate of a board approved school of osteopathic medicine.
3. Submit to the board the following:
(a) The applicant's full name and all aliases and other names ever used, current address,
social security number and date and place of birth.
(b) A recent photograph signed by the applicant.
( c) The originals of all documents and credentials required by the board or notarized
photocopies or other verification acceptable to the board of these documents and credentials.
( d) Affidavits from three physicians and surgeons who are in active practice and who can
attest to the applicant's fitness to practice medicine and surgery as an osteopathic physician and
surgeon and submit to any other investigation deemed necessary by the board.
( e) A diploma conferring the degree of doctor of osteopathy or doctor of osteopathic
medicine that was issued by a board approved school of medicine that at the time it issued the
degree met the requirements prescribed by the American osteopathic association for that year. If
the applicant cannot find the diploma the applicant shall submit proof satisfactory to the board
that the applicant received a degree that meets these requirements.
(f) Proof that the applicant has served a board approved internship of at least one year or
an approved residency or the equivalent as determined by the board.
(g) A verified application, ~ ON forms furnished by the board, stating, in addition to
other information requested, that the applicant is the person named in the diploma, that the
applicant obtained the diploma without fraud or misrepresentation and that the applicant's license
to practice medicine and surgery as an osteopathic physician and surgeon has never been
revoked, suspended or denied by any regulatory jurisdiction within the United States or in any
other country.
4. Successfully pass an examination approved by the board or possess a currently active
and unrestricted license to practice as an osteopathic physician and surgeon issued under the
authority of any state, district or territory that has standards that are comparable to those
prescribed in this chapter.
5. Submit with the application the application fee prescribed in section 32-1826 and pay
the prescribed license fee to the board at the time the license is issued. All fees shall be paid by
certified check, by money order or by cash.
6. Receive a score of at least seventy-five per cent on an examination THAT IS
prescribed by the board AND that covers this chapter and board rules.
B. The board OR THE EXECUTIVE DIRECTOR may require an applicant to submit to
a personal interview, a physical examination or a mental evaluation or any combination of these
at a reasonable time and place as prescribed by the board if the board determines that this is
necessary to provide the board adequate information regarding the applicant's ability to meet the
licensure requirements of this chapter. An interview may include medical knowledge questions
and other matters that are relevant to licensure.
C. The board may deny a license for any unprofessional conduct that would constitute
grounds for disciplinary action pursuant to this chapter and as determined by a competent
domestic or foreign jurisdiction.
D. The board may issue a license that is contingent on the applicant entering into a
stipulated order that may include a period of probation or a restriction on the licensee's practice.
E. The executive director may issue licenses to applicants who meet the requirements of
this section.
F. A person •,vho has had his WHOSE license HAS BEEN revoked eF, denied OR
SURRENDERED may apply for licensure two years after the revocation or denial.
Sec. 6. Section 32-1825, Arizona Revised Statutes, is amended to read:
32-1825. Renewal of licenses; continuing medical education; failure to renew;
penalty; reinstatement; waiver of continuing medical education
A. BEGINNING ON JANUARY I, 2001, each licensee shall renew the license befere
Jarmarv 1 everv vea:r EVERY OTHER YEAR ON OR BEFORE THE LICENSEE'S BIRTHDAY. At
1034 Additions are indicated by UPPER CASE; deletions by MFikeeut
SECOND REGULAR SESSION -2000 Ch. 176, § 7
least sixty days before that date the executive director shall notify each licensee whose license is
up for renewal of this requirement. The executive director shall send this notification by first
class mail to the licensee at the address the licensee last provided to the executive director.
B. The licensee shall furnish to the executive director a statement of having attended
prior to the renewal date, educational programs, approved by the board, totaling at least twenty
clock hours and shall pay to the board the prescribed annual renewal fee. The executive director
shall then issue a renewal receipt to the licensee. The board may require a licensee to submit
documentation of continuing medical education.
C. The board shall not renew the license of a licensee who does not fully document the
licensee's compliance with the continuing education requirements of subsection B of this section
unless that person receives a waiver of those requirements. The board may waive the continuing
education requirements of subsection B of this section for a particular twelve month period if it is
satisfied that the licensee's noncompliance was due to the licensee's disability, military service or
absence from the United States or to other circumstances beyond the control of the licensee. If a
licensee fails to attend the required number of clock hours for reasons other than those specified
in this subsection, the board may grant an extension until May I of that year for the licensee to
comply.
D. Unless the board grants an extension pursuant to subsection C of this section, a
licensee who fails to renew the license before February 1 WITHIN THIRTY DAYS AFTER
THE LICENSEE'S BIRTHDAY shall pay a penalty fee in addition to the prescribed renewal
fee. Faill±Fe to EXCEPT AS PROVIDED IN SECTION 32-3202, A LICENSE EXPIRES IF A
PERSON DOES NOT renew a THE license on or before April 1 results in elEpiration of the
license elEcept as pFOvided in section 32 3202 WITHIN FOUR MONTHS AFTER THE
LICENSEE'S BIRTHDAY. A person who practices osteopathic medicine after that time is in
violation of this chapter. A person whose license expires may reapply for a license pursuant to
this chapter.
Sec. 7. Section 32-1826, Arizona Revised Statutes, is amended to read:
32-1826. Fees; penalty
A. The board shall by a formal vote at its annual January meeting SHALL establish fees
of not to exceed the following:
I. For an application to practice osteopathic medicine, three hundred dollars.
2. For issuance of a license, one hundred dollars.
3. For renewal of a license, three hundred dollars per year.
4. For locum tenens registration, two hundred dollars.
5. For issuance of a duplicate license, fifty dollars.
6. For annual registration of an approved internship, residency, clinical fellowship
program or short-term residency program, fifty dollars.
7. For an annual teaching license at an approved school of medicine or at an approved
teaching hospital's accredited graduate medical education program ISSUED PURSUANT TO
SECTION 32-1831, three hundred dollars.
8. For a five day educational teaching permit at an approved school of medicine or at an
approved teaching hospital's accredited graduate medical education program, one hundred
dollars.
9. For the sale of those copies of the annual osteopathic medical directory that are not
distributed free of charge, thirty dollars.
10. For the sale of computerized tapes or diskettes that do not require programming, one
hundred dollars.
11. For initial and annual registration to dispense drugs and devices, two hundred dollars.
B. The board shall charge a one hundred fifty dollar penalty fee for late renewal of a
license.
C. The board may charge additional fees for services the board determines are necessary
and appropriate to carry out the provisions of this chapter. These fees shall not exceed the actual
cost of providing the services.
Additions are indicated by UPPER CASE; deletions by stFlkoout 1035
Ch. 176, § 8 44th LEGISLATURE
Sec. 8. Title 32, chapter 17, article 2, Arizona Revised Statutes, is amended by adding
section 32-1831, to read:
32-1831. Teaching licenses; definitions
A. A DOCTOR OF OSTEOPATHIC MEDICINE WHO IS NOT LICENSED IN THIS
STATE MAY BE EMPLOYED AS A FULL-TIME FACULTY MEMBER BY A BOARD
APPROVED COLLEGE OF OSTEOPATHIC MEDICINE IN THIS STATE OR A TEACHING
HOSPITAL'S ACCREDITED GRADUATE MEDICAL EDUCATION PROGRAM IN THIS
STATE TO PROVIDE PROFESSIONAL EDUCATION THROUGH LECTURES, CLINICS
OR DEMONSTRATIONS IF THE DOCTOR HOLDS A TEACHING LICENSE ISSUED
PURSUANT TO THIS SECTION.
B. AN APPLICANT FOR A TEACHING LICENSE SHALL:
I. SUBMIT A COMPLETED APPLICATION AS PRESCRIBED BY THE BOARD.
2. PAY ALL FEES PRESCRIBED BY THE BOARD.
3. MEET THE BASIC REQUIREMENTS OF SECTION 32-1822, WITH THE
EXCEPTION OF SUBSECTION A, PARA GRAPH 3, SUBDIVISION (f).
C. A PERSON LICENSED PURSUANT TO THIS SECTION SHALL NOT OPEN AN
OFFICE OR DESIGNATE A PLACE TO MEET PATIENTS OR RECEIVE CALLS
RELATING TO THE PRACTICE OF OSTEOPATHIC MEDICINE IN THIS STATE
OUTSIDE OF THE FACILITIES AND PROGRAMS OF THE APPROVED SCHOOL OR
TEACHING HOSPITAL.
D. A PERSON LICENSED PURSUANT TO THIS SECTION SHALL COMPLY
WITH THE REQUIREMENTS OF THIS CHAPTER, WITH THE EXCEPTION OF THOSE
THAT RELATE TO TRAINING AND EXAMINATIONS.
E. A LICENSE ISSUED PURSUANT TO THIS SECTION IS VALID FOR TWO
YEARS. A DOCTOR OF OSTEOPATHIC MEDICINE MAY APPLY FOR LICENSURE
ONCE EVERY TWO YEARS.
F. FOR THE PURPOSES OF THIS SECTION:
I. "ACCREDITED" MEANS THAT THE SCHOOL OR TEACHING HOSPITAL HAS
AN INTERNSHIP, FELLOWSHIP OR RESIDENCY TRAINING PROGRAM THAT IS
ACCREDITED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL
EDUCATION, THE AMERICAN OSTEOPATHIC ASSOCIATION OR A SIMILAR BODY
THAT IS APPROVED BY THE BOARD.
2. "FULL-TIME FACULTY MEMBER" MEANS A FULL-TIME FACULTY
MEMBER AS PRESCRIBED BY THE SCHOOL OF OSTEOPATHIC MEDICINE OR THE
TEACHING HOSPITAL.
Sec. 9. Section 32-1854, Arizona Revised Statutes, is amended to read:
32-1854. Definition of unprofessional conduct
"Unprofessional conduct" includes the following acts, whether occurring in this state or
elsewhere:
I. Willfully betraying a professional secret or wilfully violating a privileged
communication except as either of these may otherwise be required by law. This paragraph does
not prevent members of the board from exchanging information with the licensing and
disciplinary boards of other states, territories or districts of the United States or with foreign
countries or with osteopathic medical organizations located in this state or in any state, district or
territory of this country or in any foreign country.
2. Committing a felony, whether or not involving moral turpitude, or a misdemeanor
involving moral turpitude. In either case conviction by any court of competent jurisdiction is
conclusive evidence of the commission.
3. Practicing medicine while under the influence of alcohol, narcotic or hypnotic drugs
or any substance that impairs or may impair the licensee's ability to safely and skillfully practice
medicine.
4. Being diagnosed by a physician licensed under this chapter or chapter 13 of this title
or a psychologist licensed under chapter 19 .1 of this title as excessively or illegally using alcohol
or a controlled substance.
1036 Additions are indicated by UPPER CASE; deletions by stPikeeut
SECOND REGULAR SESSION -2000 Ch.176, § 9
5. Prescribing, dispensing or administering controlled substances or prescription only
drugs for other than accepted therapeutic purposes.
6. Engaging in the practice of medicine in a manner that harms or may harm a patient or
that the board determines falls below the community standard.
7. Impersonating another physician.
8. Acting or assuming to act as a member of the board if this is not true.
9. Procuring or attempting to procure a license to practice osteopathic medicine by fraud
or misrepresentation.
10. Having professional connection with or lending one's name to an illegal practitioner of
osteopathic medicine or any of the other healing arts.
11. Representing that a manifestly incurable disease, injury, ailment or infirmity can be
permanently cured or that a curable disease, injury, ailment or infirmity can be cured within a
stated time, if this is not true.
12. Failing to reasonably disclose and inform the patient or the patient's representative of
the method, device or instrumentality the licensee uses to treat the patient's disease, injury,
ailment or infirmity.
13. Refusing to divulge to the board ~ ON demand the means, method, device or
instrumentality used in the treatment of a disease, injury, ailment or infirmity.
14. Charging a fee for services not rendered or dividing a professional fee for patient
referrals.
15. Knowingly making any false or fraudulent statement, written or oral, in connection
with the practice of medicine except as the same may be necessary for accepted therapeutic
purposes.
16. Advertising in a false, deceptive or misleading manner.
17. Representing or holding oneself out as being an osteopathic medical specialist if the
physician has not satisfied the applicable requirements of this chapter or board rules.
18. The refusal, revocation or suspension ofa license by any other state, territory, district
or country, unless it can be shown that this occurred for reasons that did not relate to the person's
ability to safely and skillfully practice osteopathic medicine or to any act of unprofessional
conduct as provided in this section.
19. Any conduct or practice contrary to recognized standards of ethics of the osteopathic
medical profession.
20. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the
violation of or conspiring to violate any of the provisions of this chapter.
21. Failing or refusing to maintain adequate records on a patient,- AS FOLLOWS:
(a) IF THE PATIENT IS AN ADULT, FOR AT LEAST SEVEN YEARS AFTER THE
LAST DATE THE LICENSEE PROVIDED THE PATIENT WITH MEDICAL OR HEALTH
CARE SERVICES.
(b) IF THE PATIENT IS A CHILD, EITHER FOR AT LEAST THREE YEARS AFTER
THE CHILD'S EIGHTEENTH BIRTHDAY OR FOR AT LEAST SEVEN YEARS AFTER
THE LAST DATE THE LICENSEE PROVIDED THAT PATIENT WITH MEDICAL OR
HEALTH CARE SERVICES, WHICHEVER DATE OCCURS FIRST.
(c) IF THE PATIENT DIES BEFORE THE EXPIRATION OF THE DATES
PRESCRIBED IN SUBDIVISION (a) OR (b) OF THIS PARAGRAPH, FOR AT LEAST
THREE YEARS AFTER THE PATIENT'S DEATH.
22. Using controlled substances or prescription-only drugs unless they are provided by a
medical practitioner, as defined in section 32-1901, as part of a lawful course of treatment.
23. Prescribing controlled substances to members of one's immediate family unless there
is no other physician available within fifty miles to treat a member of the family and an
emergency exists.
24. Prescribing, dispensing or administering schedule II controlled substances as defined
in section 36-2513 including amphetamines and similar schedule II sympathomimetic drugs in
the treatment of exogenous obesity for a period in excess of thirty days in any one year.
25. Nontherapeutic use of injectable amphetamines.
26. Violating a formal order, probation or a stipulation issued by the board under this
chapter.
Additions are indicated by UPPER CASE; deletions by smkeeut 1037
Ch. 176, § 9 441h LEGISLATURE
27. Charging or collecting an inappropriate fee. This paragraph does not apply to a fee
which is fixed in a written contract between the physician and the patient and entered into before
treatment begins.
28. Using experimental forms of therapy without adequate informed patient consent or
without conforming to generally accepted criteria and complying with federal and state statutes
and regulations governing experimental therapies.
29. Failing to make patient medical records in the physician's possession promptly
available to a physician assistant, a nurse practitioner, a person licensed pursuant to this chapter
or a podiatrist, chiropractor, naturopathic physician, physician or homeopathic physician licensed
under chapter 7, 8, 13, 14 or 29 of this title on receipt of proper authorization to do so from the
patient, a minor patient's parent, the patient's legal guardian or the patient's authorized
representative or failing to comply with title 12, chapter 13, article 7.1.
30. Failing to allow properly authorized board personnel to have, on demand, access to
any documents, reports or records THAT ARE maintained by the physician relatmg AND THAT
RELATE to his THE PHYSICIAN'S medical practice or medically related activities pursuant to
section 32-1855.01.
31. Signing a blank, undated or predated prescription form.
32. Obtaining a fee by fraud, deceit or misrepresentation.
33. Falsely claiming attendance at continuing medical education programs to meet license
renewal requirements.
34. Failing to report to the board an osteopathic physician and surgeon who is or may be
guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage
in the practice of medicine.
35. Referring a patient to a diagnostic or treatment facility or prescribing goods and
services without disclosing that the physician has a direct pecuniary interest in the facility, goods
or services to which the patient has been referred or prescribed. This paragraph does not apply to
a referral by one physician to another physician within a group of physicians practicing together.
36. Lack of or inappropriate direction, collaboration or supervision of a licensed, certified
or registered health care provider or office personnel employed by or assigned to the physician in
the medical care of patients.
37. Violating a federal law, a state law or a rule applicable to the practice of medicine.
38. Prescribing or dispensing controlled substances or prescription-only medications
without maintaining adequate and appropriate patient records.
39. Failing to dispense drugs and devices in compliance with article 4 of this chapter.
40. Any conduct or practice that endangers a patient's or the public's health or may
reasonably be expected to do so.
41. Any conduct or practice that impairs the licensee's ability to safely and skillfully
practice medicine or that may reasonably be expected to do so.
42. With the exception of heavy metal poisoning, using chelation therapy in the treatment
of arteriosclerosis or as any other form of therapy without adequate informed patient consent and
without conforming to generally accepted experimental criteria, including protocols, detailed
records, periodic analysis of results and periodic review by a medical peer review committee.
43. Prescribing, dispensing or administering anabolic-androgenic steroids to a person for
other than therapeutic purposes.
44. Sexual intimacies with a patient.
45. Fetal experiments conducted in violation of section 36-2302.
46. Conduct that the board determines constitutes gross negligence, repeated negligence
or negligence that results in harm or death of a patient.
47. Conduct in the practice of medicine which evidences moral unfitness to practice
medicine.
48. Wilfully harassing, abusing or intimidating a patient either physically or verbally.
49. FAILING TO FURNISH LEGALLY REQUESTED INFORMATION TO THE
BOARD OR ITS INVESTIGATORS IN A TIMELY MANNER.
50. FAILING TO DISCLOSE TO A PATIENT THAT THE LICENSEE HAS A
DIRECT FINANCIAL INTEREST IN A PRESCRIBED TREATMENT, GOOD OR SERVICE
1038 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.176, § 10
IF THE TREATMENT, GOOD OR SERVICE IS AVAILABLE ON A COMPETITIVE BASIS.
THIS PARAGRAPH DOES NOT APPLY TO A REFERRAL BY ONE LICENSEE TO
ANOTHER LICENSEE WITHIN A GROUP OF LICENSEES WHO PRACTICE TOGETHER.
A LICENSEE MEETS THE DISCLOSURE REQUIREMENTS OF THIS PARAGRAPH IF
ALL OF THE FOLLOWING ARE TRUE:
(a) THE LICENSEE MAKES THE DISCLOSURE ON A FORM PRESCRIBED BY
THEBOARD.
(b) THE PATIENT OR THE PATIENT'S GUARDIAN OR PARENT
ACKNOWLEDGES BY SIGNING THE FORM THAT THE LICENSEE HAS DISCLOSED
THE LICENSEE'S DIRECT FINANCIAL INTEREST.
51. PRESCRIBING, DISPENSING OR FURNISHING A PRESCRIPTION
MEDICATION OR A PRESCRIPTION-ONLY DEVICE TO A PERSON IF THE LICENSEE
HAS NOT CONDUCTED A PHYSICAL EXAMINATION OF THAT PERSON OR HAS NOT
PREVIOUSLY ESTABLISHED A PHYSICIAN-PATIENT RELATIONSHIP. THIS
PARA GRAPH DOES NOT APPLY TO EMERGENCIES.
52. FAILING TO INFORM THE BOARD IN WRITING WITHIN TEN DAYS AFTER
ANY CHANGE OF THE LICENSEE'S ADDRESS OF RECORD.
53. IF A LICENSEE PROVIDES MEDICAL CARE BY COMPUTER, FAILING TO
DISCLOSE THE LICENSEE'S LICENSE NUMBER AND THE BOARD'S ADDRESS AND
TELEPHONE NUMBER.
Sec.10. Section 32-1855, Arizona Revised Statutes, is amended to read:
32-1855. Disciplinary action; duty to report; hearing; notice; independent
medical examinations; surrender of license
A. The board on its own motion may investigate any information which appears to show
that an osteopathic physician and surgeon is or may be guilty of unprofessional conduct or is or
may be mentally or physically unable safely to engage in the practice of medicine. Any
osteopathic physician or surgeon or the Arizona osteopathic medical association or any health
care institution as defined in section 36-401 shall, and any other person may, report to the board
any information such physician or surgeon, association, health care institution or other person
may have which appears to show that an osteopathic physician and surgeon is or may be guilty
of unprofessional conduct or is or may be mentally or physically unable safely to engage in the
practice of medicine. The board shall notify the doctor about whom information has been
received as to the content of the information as soon as reasonable after receiving the
information. Any person who reports or provides information to the board in good faith is not
subject to civil damages as a result of that action. If requested the board shall not disclose the
informant's name unless it is essential to the disciplinary proceedings conducted pursuant to this
section. It is an act of unprofessional conduct for any osteopathic physician or surgeon to fail to
report as required by this section. Any health care institution which fails to report as required by
this section shall be reported by the board to that institution's licensing agency. A PERSON
WHO REPORTS INFORMATION IN GOOD FAITH PURSUANT TO THIS SUBSECTION
IS NOT SUBJECT TO CIVIL LIABILITY.
B. The board may require a physician under investigation pursuant to subsection A of
this section to be interviewed by the board or its representatives. ef THE BOARD OR THE
EXECUTIVE DIRECTOR MAY REQUIRE A LICENSEE WHO IS UNDER
INVESTIGATION PURSUANT TO SUBSECTION A OF THIS SECTION to undergo AT THE
LICENSEE'S EXPENSE any combination of medical, physical or mental examinations the board
finds necessary to determine the physician's competence.
C. If the board finds, based on the information it received under subsections A and B of
this section, that the public health, safety or welfare imperatively requires emergency action, and
incorporates a finding to that effect in its order, the board may order a summary suspension of a
license pending proceedings for revocation or other action. If an order of summary suspension is
issued, the licensee shall also be served with a written notice of complaint and formal hearing
setting forth the charges made against him and is entitled to a formal hearing on the
charges. Formal proceedings shall be promptly instituted and determined.
Additions are indicated by UPPER CASE; deletions by stFikeeut 1039
Ch. 176, § 10 441h LEGISLATURE
D. If, after completing its investigation, the board finds that the information provided
pursuant to this section is not of sufficient seriousness to merit direct action against the
physician's license, it may take either of the following actions:
I. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern.
E. If, in the opinion of the board, it appears information provided pursuant to this section
is or may be true, the board may request an informal interview INVESTIGATIVE HEARING
with the physician concerned. At an informal interview INVESTIGATIVE HEARING the board
may receive and consider sworn statements of persons who might be called as witnesses in a
formal hearing and other pertinent documents. Legal counsel may be present and participate in
the meeting. If the physician refuses such request or if he THE PHYSICIAN accepts the request
and the results of the interview indicate suspension or revocation of the license may be in order,
a complaint shall be issued and a formal hearing shall be held in compliance with this section. If,
after the iRformal interview INVESTIGATIVE HEARING and a mental, physical or medical
competence examination as the board deems necessary, the board finds the information provided
pursuant to this section to be true but not of sufficient seriousness to merit suspension or
revocation of the license, it may take any of the following actions:
I. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern.
3. Issue a decree of censure, which constitutes an official action against a physician's
license.
4. Fix a period and terms of probation best adapted to protect the public health and safety
and rehabilitate or educate the physician concerned. ANY COSTS INCIDENT AL TO THE
TERMS OF PROBATION ARE AT THE PHYSICIAN'S OWN EXPENSE. Probation may
include temporary suspension for not more than twelve months or restriction of the physician's
license to practice osteopathic medicine and surgery. Failure to comply with any probation is
cause for filing a summons, complaint and notice of hearing pursuant to subsection F of this
section based 'llpeR ON the information considered by the board at the informal interview and
any other acts or conduct alleged to be in violation of this chapter or rules adopted pursuant to
this chapter.
5. Impose a civil penalty of not to exceed five hundred dollars for each violation of this
chapter.
F. If, in the opinion of the board, it appears the charge is of such magnitude as to warrant
suspension for more than twelve months or revocation of the license, the board shall immediately
initiate formal revocation or suspension proceedings pursuant to title 41, chapter 6, article 6. The
board shall notify a licensee of a complaint and hearing by certified mail addressed to the
licensee's last known address on record in the board's files.
G. If the physician charged wishes to be present at the hearing in person or by
representation, or both, the physician shall file with the board an answer to the charges in the
complaint. The answer shall be in writing, verified under oath and filed within twenty days after
service of the summons and complaint.
H. After complying with subsection G of this section, the physician may be present at the
hearing in person with counsel and witnesses.
I. The board may use the services of the office of administrative hearings to conduct a
hearing pursuant to this chapter. The administrative law judge shall submit a report of findings
to the board within thirty days of receiving the hearing transcript. The board is not bound by the
administrative law judge's findings. The board or administrative law judge may administer the
oath to all witnesses and shall keep a written transcript of all oral testimony submitted at the
hearing and the original or a copy of all other evidence submitted at the hearing. Copies of the
transcript and all other evidence shall be available at the physician's expense to any physician
appealing the decision of the board and available without charge to the court in which an appeal
is taken. At all hearings the board shall have the right to waive the technical rules of evidence.
1040 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch. 176, § 11
J. Any osteopathic physician who, after a hearing as provided in this section, is found to
be guilty of unprofessional conduct or is found to be mentally or physically unable safely to
engage in the practice of osteopathic medicine is subject to any combination of censure,
probation, suspension of license, revocation of license, an order to return patient fees, imposition
of hearing costs, imposition of a civil penalty of not to exceed five hundred dollars for each
violation for such period of time, or permanently, and under conditions the board deems
appropriate for the protection of the public health and safety and just in the circumstances. THE
BOARD MAY CHARGE THE COSTS OF A FORMAL HEARING TO THE LICENSEE IF
PURSUANT TO THAT HEARING THE BOARD DETERMINES THAT THE LICENSEE
VIOLATED THIS CHAPTER OR BOARD RULES.
K. If the board acts to modify any osteopathic physician's prescription writing privileges,
it shall immediately notify the state board of pharmacy of the modification.
L. The board shall report ALLEGATIONS OF evidence of criminal wrongdoing to the
appropriate criminal justice agency.
M. The board shall transmit all monies collected from penalties it imposes under this
chapter to the state treasurer for deposit in the state general fund.
N. NOTICE OF A COMPLAINT AND HEARING IS EFFECTIVE WHEN A TRUE
COPY OF THE NOTICE IS SENT BY CERTIFIED MAIL TO THE LICENSEE'S LAST
KNOWN ADDRESS OF RECORD IN THE BOARD'S FILES AND IS COMPLETE ON THE
DATE OF ITS DEPOSIT IN THE MAIL. THE BOARD SHALL HOLD A FORMAL
HEARING WITHIN ONE HUNDRED TWENTY DAYS AFTER THAT DATE.
0. THE BOARD MAY ACCEPT THE SURRENDER OF AN ACTIVE LICENSE
FROM A LICENSEE WHO ADMITS IN WRITING TO HAVING COMMITTED AN ACT OF
UNPROFESSIONAL CONDUCT OR TO HAVING VIOLATED THIS CHAPTER OR
BOARD RULES.
Sec. 11. Section 32-1871, Arizona Revised Statutes, is amended to read:
32-1871. Dispensing of drugs and devices; conditions; definition
A. An osteopathic physician may dispense drugs and devices kept by the physician if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing physician's name, address and telephone number.
(b) The date the drug is dispensed.
(c) The patient's name.
( d) The name and strength of the drug, directions for its use and any cautionary
statements.
2. The dispensing physician enters into the patient's medical record the name and
strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.
3. The dispensing physician keeps all drugs in a locked cabinet or room, controls access
to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.
4. THE DISPENSING PHYSICIAN REGISTERS WITH THE BOARD TO DISPENSE
DRUGS AND DEVICES AND PAYS THE REGISTRATION FEE PRESCRIBED
PURSUANT TO SECTION 32-1826.
B. Except in an emergency situation, a physician who dispenses drugs for a profit
without being registered by the board to do so is subject to a civil penalty by the board of not less
than three hundred dollars and not more than one thousand dollars for each transaction and is
prohibited from further dispensing for a period of time as prescribed by the board.
C. Prior to dispensing a drug pursuant to this section the patient shall be given a written
prescription on which appears the following statement in bold type:
"This prescription may be filled by the prescribing physician or by a pharmacy of
your choice."
D. A physician shall dispense for profit only to ms THE PHYSICIAN'S patient and only
for conditions being treated by that physician. The physician shall provide direct supervision of
a nurse or attendant involved in the dispensing process. In this subsection, "direct supervision"
means that a physician is present and makes the determination as to the legitimacy or the
advisability of the drugs or devices to be dispensed.
Additions are indicated by UPPER CASE; deletions by stFikeaut 1041
Ch. 176, § 11 44th LEGISLATURE
E. This seetion shall be enforeed by The board whieh SHALL ENFORCE THIS
SECTION AND shall establish rules regarding labeling, record keeping, storage and packaging
of drugs that are consistent with the requirements of chapter 18 of this title. The board may
conduct periodic inspections of dispensing practices to assure compliance with this section and
applicable rules.
F. For the purposes of this section, "dispense" means the delivery by an osteopathic
physician of a prescription drug or device to a patient, except for samples packaged for
individual use by licensed manufacturers or repackagers er OF drugs, and includes the
prescribing, administering, packaging, labeling and security necessary to prepare and safeguard
the drug or device for delivery.
Sec. 12. License renewal
The board of osteopathic examiners in medicine and surgery shall continue to renew
licenses on an annual basis until January 1, 2001 at which time it shall begin biennial renewal
pursuant to section 32-1825, Arizona Revised Statutes, as amended by this act.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
MUNICIPAL WASTE HAULING
CHAPTER177
H.B.2387
AN ACT AMENDING TITLE 9, CHAPTER 5, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 9-511.03; RELATING TO MUNICIPAL
GARBAGE SERVICES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 5, article 2, Arizona Revised Statutes, is amended by adding
section 9-511.03, to read:
9-511.03. Outside garbage collection and disposal services; requirements
A. IF A CITY OR TOWN PROVIDES WASTE OR GARBAGE COLLECTION
SERVICES OUTSIDE OF ITS BOUNDARIES, FOR THOSE SERVICES THE CITY OR
TOWN SHALL:
1. KEEP ALL RECORDS OF THE SERVICES SEPARATE FROM ALL OTHER
CITY OR TOWN MUNICIPAL RECORDS.
2. MAKE AN IN-LIEU CONTRIBUTION TO ALL STATE, CITY, TOWN, COUNTY
AND OTHER TAXING DISTRICTS EQUAL TO THE TAXES THAT WOULD BE
REQUIRED OF PRIVATE GARBAGE COLLECTION AND DISPOSAL COMPANIES
PERFORMING THE SAME SERVICE.
3. PAY AN IN-LIEU CONTRIBUTION TO THE RECYCLING FUND
ESTABLISHED BY SECTION 49-837 EQUAL TO THE FEDERAL TAXES THAT WOULD
BE REQUIRED OF PRIVATE GARBAGE COLLECTION AND DISPOSAL COMPANIES
PERFORMING THE SAME SERVICE.
4. PAY ALL FEES AND COSTS THAT ARE APPLICABLE TO PRIVATE
COMPANIES INCLUDING LANDFILL FEES.
5. ENSURE THAT NO CITY OR TOWN TAXES, FEES OR REVENUES ARE USED
TO SUBSIDIZE THE WASTE OR GARBAGE COLLECTION AND DISPOSAL SERVICES
OUTSIDE THE CITY OR TOWN.
1042 Additions are indicated by UPPER CASE; deletions by ~
SECOND REGULAR SESSION -2000 Ch.178, § 1
B. THIS SECTION DOES NOT RESTRICT THE ABILITY OF A CITY OR TOWN
TO ENTER INTO MUTUAL AID OR INTERGOVERNMENTAL AGREEMENTS WITH
OTHER CITIES OR TOWNS TO RESPOND TO EMERGENCY ASSISTANCE.
C. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A CITY OR
TOWN IF ALL OF THE FOLLOWING APPLY:
1. THE CITY OR TOWN PROVIDES WASTE OR GARBAGE COLLECTION
SERVICES OUTSIDE ITS BORDERS IN AN UNINCORPORATED TERRITORY THAT IS
WITHIN THREE MILES OF ITS BORDERS AND WITHIN ITS MUNICIPAL PLANNING
AREA AS DESIGNATED IN THE LAND USE MAP OF THE MUNICIPALITY'S GENERAL
PLAN.
2. THE CITY OR TOWN DOES NOT PROVIDE WASTE OR GARBAGE SERVICES
IN AN INCORPORATED AREA OTHER THAN ITS OWN.
3. THE CITY OR TOWN IS LOCATED IN A COUNTY WITH A POPULATION
EXCEEDING TWO MILLION PERSONS ACCORDING TO THE MOST RECENT
DECENNIAL CENSUS.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
DEPARTMENT OF PUBLIC SAFETY-APPROPRIATIONS
CHAPTER178
H.B. 2527
AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF PUBLIC
SAFETY FOR PROCESSING SCHOOL BUS DRIVER AND FIREARM
CLEARANCE APPLICATIONS AND FOR ADDITIONAL OFFICERS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Appropriations; purpose
A. The sum of $97,700 is appropriated from the criminal justice enhancement fund
pursuant to section 41-2401, subsection D, paragraph 6, Arizona Revised Statutes, in fiscal year
2000-2001 to the department of public safety. The appropriation shall be used for additional
personnel and operating expenditures to process school bus driver licenses pursuant to section
28-3228, Arizona Revised Statutes.
B. The sum of $58,600 is appropriated from the criminal justice enhancement fund
pursuant to section 41-2401, subsection D, paragraph 6, Arizona Revised Statutes, in fiscal year
2000-2001 to the department of public safety. The appropriation shall be used for additional
personnel and operating expenditures to process firearm clearance applications pursuant to
section 13-3114, Arizona Revised Statutes.
C. The sum of $300,000 is appropriated from the state general fund in fiscal year
2000-2001 to the department of public safety for an additional four officers. The appropriation
in this subsection includes personal services, employee related expenses, equipment and other
operating expenditures.
D. The appropriation made in subsection C of this section is exempt from the provisions
of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
Additions are indicated by UPPER CASE; deletions by~ 1043
Ch. 179, § 1 44th LEGISLATURE
MUNICIPAL ANNEXATION-COSTS
CHAPTER179
H.B. 2599
AN ACT AMENDING SECTION 9-471, ARIZONA REVISED STATUTES; RELATING
TO MUNICIPAL ANNEXATION.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-4 71, Arizona Revised Statutes, is amended to read:
9-471. Annexation of territory; procedures; notice; petitions; access to
information; restrictions
A. The following procedures are required to extend and increase the corporate limits of a
city or town by annexation:
1. A city or town shall file in the office of the county recorder of the county in which the
annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a
description and an accurate map of all the exterior boundaries of the territory contiguous to the
city or town proposed to be annexed. Notice and a copy of the filing shall be given to the clerk
of the board of supervisors and to the county assessor. The accurate map shall include all county
rights-of-way and roadways with no taxable value that are within or contiguous to the exterior
boundaries of the area of the proposed annexation. If state land, other than state land utilized as
state rights-of-way or land held by the state by tax deed, is included in the territory, written
approval of the state land commissioner and the selection board established by section 37-202
shall also be filed.
2. Signatures on petitions filed for annexation shall not be obtained for a waiting period
of thirty days after filing the blank petition.
3. After filing the blank petition pursuant to paragraph 1 of this subsection, the
governing body of the city or town shall hold a public hearing within the last ten days of the
thirty day waiting period to discuss the annexation proposal. The public hearing shall be held in
accordance with the provisions of title 38, chapter 3, article 3.1, except that, notwithstanding the
provisions of section 38-431.02, subsections C and D, the following notices of the public hearing
to discuss the annexation proposal shall be given at least six days before the hearing:
(a) Publication at least once in a newspaper of general circulation, which is published or
circulated in the city or town and the territory proposed to be annexed, at least fifteen days before
the end of the waiting period.
(b) Posting in at least three conspicuous public places in the territory proposed to be
annexed.
(c) Notice by first class mail sent to the chairman of the board of supervisors of the
county in which the territory proposed to be annexed is located.
(d) Notice by first class mail with an accurate map of the territory proposed to be
annexed sent to each owner of the real and personal property as shown on the list furnished
pursuant to subsection G of this section that would be subject to taxation by the city or town in
the event of annexation in the territory proposed to be annexed. For purposes of this subdivision,
real and personal property includes mobile, modular and manufactured homes and trailers only if
the owner also owns the underlying real property.
4. Within one year after the last day of the thirty day waiting period a petition in writing
signed by the owners of one-half or more in value of the real and personal property and more
than one-half of the persons owning real and personal property that would be subject to taxation
by the city or town in the event of annexation, as shown by the last assessment of the property,
may be circulated and filed in the office of the county recorder. For purposes of this paragraph,
real and personal property includes mobile, modular and manufactured homes and trailers only if
the owner also owns the underlying real property.
1044 Additions are indicated by UPPER CASE; deletions by ~
SECOND REGULAR SESSION -2000 Ch.179, § 1
5. No alterations increasing or reducing the territory sought to be annexed shall be made
after a petition has been signed by a property owner.
6. The petitioner shall determine and submit a sworn affidavit verifying that no part of
the territory for which the filing is made is already subject to an earlier filing for annexation.
The county recorder shall not accept a filing for annexation without the sworn affidavit.
B. All information contained in the filings, the notices, the petition, tax and property
rolls and other matters regarding a proposed or final annexation shall be made available by the
appropriate official for public inspection during regular office hours.
C. Any city or town, the attorney general, the county attorney, or any other interested
party may upon verified petition move to question the validity of the annexation for failure to
comply with the provisions of this section. The petition shall set forth the manner in which it is
alleged the annexation procedure was not in compliance with the provisions of this section and
shall be filed within thirty days after adoption of the ordinance annexing the territory by the
governing body of the city or town and not otherwise. The burden of proof shall be upon the
petitioner to prove the material allegations of his verified petition. No action shall be brought to
question the validity of an annexation ordinance unless brought within the time and for the
reasons provided in this subsection. All hearings provided by this section and all appeals
therefrom shall be preferred and heard and determined in preference to all other civil matters,
except election actions. In the event more than one petition questioning the validity of an
annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more
cities or towns show the court that they have demonstrated an active interest in annexing any or
all of the area proposed for annexation, the court shall consider any oral or written agreements or
understandings between or among the cities and towns in making its determination pursuant to
this subsection.
D. The annexation shall become final after the expiration of thirty days from the
adoption of the ordinance annexing the territory by the city or town governing body, provided
the annexation ordinance has been finally adopted in accordance with procedures established by
statute, charter provisions, or local ordinances, whichever is applicable, subject to the review of
the court to determine the validity thereof if petitions in objection have been filed.
E. For the purpose of determining the sufficiency of the percentage of the value of
property under this section, such values of property shall be determined as follows:
1. In the case of property assessed by the county assessor, values shall be the same as
shown by the last assessment of the property.
2. In the case of property valued by the department of revenue, values shall be appraised
by the department in the manner provided by law for municipal assessment purposes.
F. For the purpose of determining the sufficiency of the percentage of persons owning
property under this section, the number of persons owning property shall be determined as
follows:
1. In the case of property assessed by the county assessor, the number of persons owning
property shall be as shown on the last assessment of the property.
2. In the case of property valued by the department of revenue, the number of persons
owning property shall be as shown on the last valuation of the property.
3. If an undivided parcel of property is owned by multiple owners, such owners shall be
deemed as one owner for the purposes of this section.
4. If a person owns multiple parcels of property, such owner shall be deemed as one
owner for the purposes of this section.
G. The county assessor and the department of revenue, respectively, shall furnish to the
city or town proposing an annexation within thirty days after a request therefor a statement in
writing showing the owner, the address of each owner and the appraisal and assessment of all
such property.
H. Territory is not contiguous for the purposes of subsection A, paragraph 1 of this
section unless:
1. It adjoins the exterior boundary of the annexing city or town for at least three hundred
feet.
2. It is, at all points, at least two hundred feet in width, excluding rights-of-way and
roadways.
Additions are indicated by UPPER CASE; deletions by~ 1045
Ch. 179, § 1 44th LEGISLATURE
3. The distance from the existing boundary of the annexing city or town where it adjoins
the annexed territory to the furthest point of the annexed territory from such boundary is no more
than twice the maximum width of the annexed territory.
I. A city or town shall not annex territory if as a result of such annexation unincorporated
territory is completely surrounded by the annexing city or town.
J. Notwithstanding any provisions of this article to the contrary, any town incorporated
prior to 1950 which had a population of less than two thousand persons by the 1970 census and
which is bordered on at least three sides by Indian lands may annex by ordinance territory owned
by the state within the same county for a new townsite which is not contiguous to the existing
boundaries of the town.
K. The provisions of subsections H and I of this section shall not apply to territory which
is surrounded by the same city or town or which is bordered by the same city or town on at least
three sides.
L. A city or town annexing an area shall adopt zoning classifications which permit
densities and uses no greater than those permitted by the county immediately before annexation.
Subsequent changes in zoning of the annexed territory shall be made according to existing
procedures established by the city or town for the rezoning of land.
M. The annexation of territory within six miles of territory included in a pending
incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection C
shall not cause an urbanized area to exist pursuant to section 9-101.01 which did not exist prior
to the annexation.
N. As an alternative to the procedures established in this section, a county right-of-way
or roadway with no taxable real property may be annexed to an adjacent city or town by mutual
consent of the governing bodies of the county and city or town if the property annexed is
adjacent to the annexing city or town for the entire length of the annexation and if the city or
town and county each approve the proposed annexation as a published agenda item at a regular
public meeting of their governing bodies.
0. IF A PROPERTY OWNER PREY AILS IN ANY ACTION TO CHALLENGE THE
ANNEXATION OF THE PROPERTY OWNER'S PROPERTY, THE COURT SHALL
ALLOW THE PROPERTY OWNER REASONABLE ATTORNEY FEES AND COSTS
RELATING TO THE ACTION FROM THE ANNEXING MUNICIPALITY.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
VETERANS-DONATIONS FUND INVESTMENT­APPROPRIATION-
VETERANS' FACILITY STUDY COMMITTEE
CHAPTER180
H.B.2626
AN ACT AMENDING SECTION 41-608, ARIZONA REVISED STATUTES;
AMENDING LAWS 1999, FIRST SPECIAL SESSION, CHAPTER 1, SECTION
105; RELATING TO VETERANS' SERVICES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-608, Arizona Revised Statutes, is amended to read:
41-608. Veterans' donations fund
A. The veterans' donations fund is established consisting of monies, gifts and
contributions donated to the department. The department shall administer the fund. Monies in
the fund are continuously appropriated. The monies in the fund are exempt from the provisions
of section 3 5-190 relating to lapsing of appropriations.
1046 Additions are indicated by UPPER CASE; deletions by stFikeeut
SECOND REGULAR SESSION -2000 Ch.180, § 3
B. The director or the director's designee may solicit and receive donations, including
in-kind donations, from the public for veterans. The director shall transmit the monetary
donations to the state treasurer for deposit in the veterans' donations fund. Monies in the fund
are subject to state auditing procedures. The donations may be used for the benefit of the
veterans within the state of Arizona at the discretion of the director.
C. The director shall inventory and account for the use of any tangible personal property
donated to the fund.
D. ON NOTICE FROM THE DIRECTOR, THE STATE TREASURER SHALL
INVEST AND DIVEST MONIES IN THE FUND AS PROVIDED BY SECTION 35-313,
AND MONIES EARNED FROM INVESTMENT SHALL BE CREDITED TO THE FUND.
Sec. 2. Laws 1999, first special session, chapter 1, section 105 is amended to read:
Sec. 105. DEPARTMENT OF VETERANS' SERVICES
Veterans' services and administration
FTE positions
Operating lump sum appropriation
Veterans' organizations contracts
Total appropriation - veterans' services
and administration
Fund sources:
State general fund
State veterans' conservatorship fund
Veterans' home
FTE positions
Operating lump sum appropriation
Veterans' home contingency
Fund sources:
1999-00
45.2
$ 2,054,700
$ 40,000
$2,094,700
$ 1,694,600
400,100
247.8
$ 9,679,000
592,800*
2000-01
45.2
$ 2,004,200
$ 40,000
$ 2,044,200
$ 1,618,100
426,100
247.8
$ 9,658,500
- 0 -
State home for veterans trust fund $10,271,800 $ 9,658,500
$252,300 OF THE VETERANS HOME CONTINGENCY SPECIAL LINE ITEM MAY
BE USED FOR PRECONSTRUCTION COSTS ASSOCIATED WITH THE SOUTHERN
ARIZONA VETERANS' CEMETERY. THAT SAME DOLLAR AMOUNT SHALL BE
REIMBURSED TO THE SPECIAL LINE ITEM ON REIMBURSEMENT BY THE FEDERAL
GOVERNMENT FOR ALL PRECONSTRUCTION COSTS.
EXCEPT FOR THE $252,300 FOR THE SOUTHERN ARIZONA VETERANS'
CEMETERY, monies in the veterans' home contingency special line item shall not be expended
without the prior review of the joint legislative budget committee.
Total appropriation- DEPARTMENT OF veterans'
serviee eomrrtission SERVICES
Fund sources:
$ 12,366,500
State general fund $ 1,694,600
Other appropriated funds 10,671,900
Beginning on July 1, 1999, the joint legislative budget committee
$ 11,702,700
$ 1,618,100
10,084,600
shall review all
proposed DEPARTMENT OF veterans' serviee eommission SERVICES contracts above
$20,000, except contracts for nursing and dietary services.
Sec. 3. Joint legislative study committee on veterans' facilities
A. A joint legislative study committee on veterans' facilities is established consisting of
the following members:
1. Three members of the house of representatives who are appointed by the speaker of
the house of representatives. Not more than two of these members may represent the same
political party.
2. Three members of the senate who are appointed by the president of the senate. Not
more than two of these members may represent the same political party.
3. The director of the department of veterans' services.
4. Four public members who are appointed by the governor and who represent different
veterans' organizations in this state.
Additions are indicated by UPPER CASE; deletions by~ 1047
Ch. 180,§3 44th LEGISLATURE
B. The study committee shall:
1. Study the feasibility of establishing another veterans' home in Tucson and a state
veterans' cemetery in northern Arizona.
2. On or before December 1, 2000, submit a written report of its findings and
recommendations to the speaker of the house of representatives, the president of the senate and
the governor. The study committee shall provide a copy of this report to the secretary of state
and the director of the department oflibrary, archives and public records.
C. The study committee may use the services of legislative staff as required.
Sec. 4. Delayed repeal
Section 3 of this act, relating to the joint legislative study committee on veterans'
facilities, is repealed from and after December 31, 2000.
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or
safety and is operative immediately as provided by law.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
PEACE OFFICER STANDARDS AND TRAINING
CHAPTER181
H.B.2629
AN ACT AMENDING SECTIONS 41-1822, 41-1825, 41-1828 AND 41-1830.12, ARIZONA
REVISED STATUTES; RELATING TO THE ARIZONA PEACE OFFICER
STANDARDS AND TRAINING BOARD.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1822, Arizona Revised Statutes, is amended to read:
41-1822. Powers and duties of board; def'mition
A. With respect to peace officer training and certification, the board shall:
1. Establish rules for the government and conduct of the board, including meeting times,
places and matters to be placed on the agenda of each meeting.
2. Make recommendations, consistent with the provisieas of this article, ta the direeter
of the departmeat of p1:1blie safety, vii-th eepies traBSfl1tttea to the governor, THE speaker of the
house of representatives and THE president of the senate, on all matters relating to law
enforcement and public safety.
3. Prescribe reasonable minimum qualifications for officers to be appointed to enforce
the laws of this state and the political subdivisions of this state and certify officers in compliance
with these qualifications. NOTWITHSTANDING ANY OTHER LAW, the qualifications shall
require United States citizenship, shall relate to physical, mental and moral fitness and shall
govern the recruitment, appointment and retention of all agents, peace officers and police
officers of every political subdivision of this state, aetwith

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Full Text

SESSION LAWS
STATE OF ARIZONA
Forty-fourth Legislature
SECOND REGULAR SESSION
Chapters 171 to 284
Convened -- January 10, 2000
Sine Die --April 18, 2000
2000
Published by:
Arizona State Senate
Arizona Legislative Council
Mp Bookbinding
TABLE OF CONTENTS
LAWS OF ARIZONA
Volume 1
Page
Arizona Elected State Officials ....................................................................................... V
Arizona Elected United States Officials ......................................................................... V
Forty-fourth Legislature of Arizona--
Members of the Senate ........................................................................................... VII
Members of the House of Representatives ............................................................ VIII
Authentication .............................................................................................................. XI
Order of Acts .............................................................................................................. XIII
Chapter--Bill Table .................................................................................................... :X:XV
Bill--Chapter Table ................................................................................................ XXVIII
Opening Message of Governor Jane Dee Hull ......................................................... XXXII
2000 Acts of the Forty-fourth Legislature,
Second Regular Session · Chapters I to 170 .............................................................. 1
Volume 2
2000 Acts of the Forty-fourth Legislature,
Second Regular Session · Chapters 171 to 2 84 .................................................... 1015
Volume 3
2000 Acts of the Forty-fourth Legislature,
Second Regular Session· Chapters 285 to End .................................................... 2013
Memorials and Resolutions ...................................................................................... 2683
Governor's Messages ................................................................................................. 2 715
Index to Acts ............................................................................................................. 2733
Third Special Session ........................................................................................... 2753
Proclamation .................................................................................................... 2 7 5 6
Fourth Special Session ......................................................................................... 2757
Order of Acts ................................................................................................... 2 7 60
Proclamation .................................................................................................... 2 7 61
Fifth Special Session ............................................................................................ 2805
Order of Acts ................................................................................................... 2808
Proclamation .................................................................................................... 2809
Sixth Special Session ............................................................................................ 2881
Order of Acts ................................................................................................... 2884
Proclamation .................................................................................................... 2885
Seventh Special Session ....................................................................................... 2905
Order of Acts ................................................................................................... 2908
Proclamation .................................................................................................... 2 909
III
SECOND REGULAR SESSION -2000 Cb.171, § 2
COMPETITIVE GOVERNMENT PROGRAM­UNIFORM
DEFINITIONS OF DIRECT AND INDIRECT COSTS
CHAPTER171
H. B.2659
AN ACT AMENDING SECTION 41-2773, ARIZONA REVISED STATUTES;
RELATING TO THE COMPETITIVE GOVERNMENT PROGRAM.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2773, Arizona Revised Statutes, is amended to read:
41-2773. Powers and duties of the office of management and budget relating
to competitive government
In addition to the duties assigned by the governor, the office:
1. Shall develop, implement and manage a statewide competitive government program.
2. Shall identify, with the assistance of state agencies and the private enterprise review
beard, functions in state government appropriate for submittal to the competitive government
process.
3. May require a state agency to conduct an in-house total cost estimate, a management
study or any hearing, study, review or cost estimate concerning any aspect of a target function to
determine the potential for privatization.
4. May require a state agency to release a request for proposal or invitation to bid for any
target function the office deems appropriate for competitively contracting.
5. Shall develop minimum savings criteria for governing the award of contracts resulting
from the competitive government process.
6. Shall instruct the GOVERNOR'S office for excellence in government, or its successor,
to:
(a) Develop a costing model that accurately estimates and accounts for the total cost of
providing a state function and develop methods by which state in-house costs can be compared
to private sector costs. The model shall:
(i) Take into account relevant costs for determining whether savings would result from
the privatization of a target function. The model shall
(ii) Specifically account for conversion, transaction, disruption, contract monitoring
costs, and revenue increases and decreases related to a privatization.
(iii) INCLUDE UNIFORM DEFINITIONS OF DIRECT COSTS AND INDIRECT
COSTS.
(b) Develop a handbook and training program that educates state agencies in the
competitive government process.
(c) Preapprove requests for proposals and invitations to bid, as the office deems
appropriate, that could result in the privatization or transfer to another state agency of a target
function.
(d) Review petitions of interest forwarded by the private enterprise review board and, on
or before December 15 of each year, present to the governor, president of the senate and speaker
of the house of representatives an annual report that contains a summary of all activities
conducted by the office for eirnellence in government concerning the petitions. A person does
not have a cause of action based on the failure of the office for eiwellence in government to
consider a petition of interest or to make a recommendation.
Sec. 2. Committee on uniform definitions of direct costs and indirect costs
A. The director of the governor's office for excellence in government shall establish a
committee on uniform definitions of direct costs and indirect costs consisting of representatives
of the department of administration, the joint legislative budget committee, other agencies,
departments and outside consultants the director deems appropriate and a member of an
employee organization that represents the largest number of state employees.
Additions are indicated by UPPER CASE; deletions by smkeGut 1015
Ch. 171,§2 441h LEGISLATURE
B. The committee shall adopt uniform definitions of direct costs and indirect costs for
the purpose of the costing model developed pursuant to section 41-2773, paragraph 6,
subdivision (a), Arizona Revised Statutes, and provide those definitions to the governor's office
for excellence in government on or before March 1, 2001.
C. The governor's office for excellence in government shall incorporate the uniform
definitions adopted by the committee into its costing model.
Sec. 3. Delayed repeal
Section 2 of this act, relating to the committee on uniform definitions of direct costs and
indirect costs, is repealed from and after June 30, 2001.
Approved by the Governor April 5, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
CRIMES AND OFFENSES-ENTERPRISE PENALTIES­EFFECTIVE
COMPLIANCE PROGRAMS
CHAPTER172
H.B.2660
AN ACT AMENDING SECTION 13-803, ARIZONA REVISED STATUTES;
AMENDING TITLE 13, CHAPTER 8, ARIZONA REVISED STATUTES, BY
ADDING SECTIONS 13-822 AND 13-822.01; RELATING TO EFFECTIVE
COMPLIANCE PROGRAMS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-803, Arizona Revised Statutes, is amended to read:
13-803. Fines against enterprises
A. EXCEPT AS PROVIDED IN SECTIONS 13-822 AND 13-822.01, a sentence to pay
a fine, THAT IS imposed on an enterprise for an offense defined in this title or for an offense
defined outside this title for which no special enterprise fine is specified, shall be a sentence to
pay an amount, fixed by the court, of not more than:
1. For a felony, one million dollars.
2. For a class I misdemeanor, twenty thousand dollars.
3. For a class 2 misdemeanor, ten thousand dollars.
4. For a class 3 misdemeanor, two thousand dollars.
5. For a petty offense, one thousand dollars.
B. IF THE COURT IMPOSES A FINE, THE COURT SHALL IMPOSE AS A
PRESUMPTIVE FINE THE MEDIAN OF THE ALLOWABLE RANGE UNDER
SUBSECTION A OF THIS SECTION AND THE PRESUMPTIVE FINE MAY BE
MITIGATED OR AGGRAVATED PURSUANT TO THIS SECTION.
C. AFTER CONSIDERING THE FACTORS LISTED IN SUBSECTION F OF THIS
SECTION, THE COURT SHALL DETERMINE AN APPROPRIATE FINE. IF THE COURT
DEVIATES FROM THE PRESUMPTIVE FINE, THE COURT SHALL SET FORTH ON THE
RECORD THE FINE, IF ANY, AND HOW THE RELEVANT FACTORS LISTED IN
SUBSECTION F OF THIS SECTION AFFECTED THE COURT'S DETERMINATION.
D. SUBSECTIONS B, C AND F OF THIS SECTION AND SECTIONS 13-822 AND
13-822.01 DO NOT APPLY TO SENTENCES FOR MISDEMEANOR VIOLATIONS THAT
ARE PROSECUTED IN JUSTICE COURT OR MUNICIPAL COURT, EXCEPT THAT THE
COURT MAY CONSIDER THE FACTORS LISTED IN SUBSECTION F OF THIS SECTION
AND SECTION 13-822 IN DETERMINING THE FINE TO IMPOSE.
Be E. A judgment that the enterprise shall pay a fine shall constitute a lien in like
manner as a judgment for money rendered in a civil action.
1016 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.172, § 2
F. IF THE COURT DEVIATES FROM THE PRESUMPTIVE FINE, THE COURT
SHALL BASE ITS DECISION ON ANY EVIDENCE OR INFORMATION THAT WAS
INTRODUCED OR SUBMITTED TO IT BEFORE SENTENCING OR ON ANY EVIDENCE
THAT WAS PREVIOUSLY HEARD AT TRIAL AND SHALL CONSIDER THE
FOLLOWING FACTORS, IF RELEVANT:
1. THE INCOME AND ASSETS OF THE ENTERPRISE AND THE ECONOMIC
IMPACT OF THE PENALTY ON THE ENTERPRISE.
2. ANY PRIOR CRIMINAL, CIVIL OR REGULATORY MISCONDUCT BY THE
ENTERPRISE.
3. THE DEGREE OF HARM RESULTING FROM THE OFFENSE.
4. WHETHER THE OFFENSE RESULTED IN PECUNIARY GAIN.
5. WHETHER THE ENTERPRISE MADE GOOD FAITH EFFORTS TO COMPLY
WITH ANY APPLICABLE REQUIREMENTS.
6. THE DURATION OF THE OFFENSE.
7. THE ROLE OF THE DIRECTORS, OFFICERS OR PRINCIPALS OF THE
ENTERPRISE IN THE OFFENSE.
8. WHETHER THE OFFENSE INVOLVED AN UNUSUALLY VULNERABLE
VICTIM DUE TO AGE, PHYSICAL OR MENTAL CONDITION OR ANY OTHER FACTOR
THAT WOULD MAKE THE VICTIM PARTICULARLY SUSCEPTIBLE TO CRIMINAL
CONDUCT.
9. WHETHER THE OFFENSE INVOLVED A THREAT TO A MARKET.
10. WHETHER THE ENTERPRISE BREACHED A FIDUCIARY DUTY IN
COMMITTING THE OFFENSE.
11. THE OBLIGATION OF THE ENTERPRISE TO PAY RESTITUTION.
12. ANY OTHER FACTORS THAT THE COURT DEEMS APPROPRIATE.
Sec. 2. Title 13, chapter 8, Arizona Revised Statutes, is amended by adding sections
13-822 and 13-822.01, to read:
13-822. Effective programs to prevent and detect violations of law; fines
A. IF BASED ON ANY EVIDENCE OR INFORMATION INTRODUCED OR
SUBMITTED TO THE COURT BEFORE SENTENCING OR ON ANY EVIDENCE THAT
WAS PREVIOUSLY HEARD AT TRIAL THE COURT FINDS BY A PREPONDERANCE
OF THE EVIDENCE THAT AN ENTERPRISE HAD AN EFFECTIVE PROGRAM TO
PREVENT AND DETECT VIOLATIONS OF LAW IN EFFECT AT THE TIME THE
OFFENSE WAS COMMITTED, THE COURT SHALL SET FORTH ON THE RECORD ITS
FACTUAL FINDINGS AND THE REASONS IN SUPPORT OF ITS FINDINGS AND SHALL
REDUCE THE FINE IMPOSED PURSUANT TO SECTION 13-803, IF ANY, BY
TWENTY-FIVE PER CENT.
B. AN EFFECTIVE PROGRAM TO PREVENT AND DETECT VIOLATIONS OF
LAW REQUIRES AT A MINIMUM THAT THE ENTERPRISE DOES THE FOLLOWING:
1. ESTABLISH COMPLIANCE STANDARDS AND PROCEDURES TO BE
FOLLOWED BY ITS EMPLOYEES AND OTHER AGENTS THAT ARE REASONABLY
CAP ABLE OF REDUCING THE PROSPECT OF VIOLATIONS OF LAW.
2. ASSIGN SPECIFIC HIGH-LEVEL PERSONNEL WITHIN THE ENTERPRISE
OVERALL RESPONSIBILITY TO OVERSEE COMPLIANCE WITH THE STANDARDS
AND PROCEDURES.
3. USE DUE CARE NOT TO DELEGATE SUBSTANTIAL DISCRETIONARY
AUTHORITY TO INDIVIDUALS WHOM THE ENTERPRISE KNOWS, OR SHOULD
KNOW THROUGH THE EXERCISE OF DUE DILIGENCE, HA VE A PROPENSITY TO
ENGAGE IN ILLEGAL ACTIVITIES.
4. TAKE STEPS TO COMMUNICATE EFFECTIVELY ITS STANDARDS AND
PROCEDURES TO ALL EMPLOYEES AND OTHER AGENTS, INCLUDING REQUIRING
PARTICIPATION IN TRAINING PROGRAMS OR DISSEMINATING PUBLICATIONS
THAT EXPLAIN IN A PRACTICAL MANNER WHAT IS REQUIRED.
Additions are indicated by UPPER CASE; deletions by~ 1017
Ch. 172, § 2 44th LEGISLATURE
5. TAKE REASONABLE STEPS TO ACHIEVE COMPLIANCE WITH ITS
STANDARDS, INCLUDING THE USE OF MONITORING AND AUDITING SYSTEMS
REASONABLY DESIGNED TO DETECT VIOLATIONS OF LAW BY ITS EMPLOYEES
AND OTHER AGENTS AND HA YING IN PLACE AND PUBLICIZING A REPORTING
SYSTEM WHERE EMPLOYEES AND OTHER AGENTS CAN REPORT VIOLATIONS OF
LAW BY OTHERS WITHIN THE ENTERPRISE WITHOUT FEAR OF RETRIBUTION.
6. CONSISTENTLY ENFORCE THE STANDARDS THROUGH APPROPRIATE
DISCIPLINARY MECHANISMS, INCLUDING, AS APPROPRIATE, DISCIPLINE OF
INDIVIDUALS RESPONSIBLE FOR THE FAILURE TO DETECT A VIOLATION.
7. AFTER A VIOLATION IS DETECTED, TAKE ALL REASONABLE STEPS TO
RESPOND APPROPRIATELY TO THE VIOLATION AND TO PREVENT FURTHER
SIMILAR VIOLATIONS, INCLUDING ANY NECESSARY MODIFICATIONS TO ITS
PROGRAM TO PREVENT AND DETECT VIOLA TIO NS OF LAW.
C. RELEVANT FACTORS FOR DETERMINING PRECISE ACTIONS NECESSARY
FOR AN EFFECTIVE PROGRAM TO PREVENT AND DETECT VIOLATIONS OF LAW
INCLUDE:
1. THE SIZE OF THE ENTERPRISE.
2. THE LIKELIHOOD THAT CERTAIN VIOLATIONS MAY OCCUR BECAUSE OF
THE NATURE OF THE ENTERPRISE'S BUSINESS.
3. THE PRIOR HISTORY OF THE ENTERPRISE.
D. THE FAILURE OF AN ENTERPRISE TO INCORPORATE AND FOLLOW
APPLICABLE INDUSTRY PRACTICE OR THE STANDARDS CALLED FOR BY ANY
APPLICABLE GOVERNMENTAL RULE WEIGHS AGAINST A FINDING OF AN
EFFECTIVE PROGRAM TO PREVENT AND DETECT VIOLATIONS OF LAW.
E. AN ENTERPRISE'S FAILURE TO PREVENT OR DETECT VIOLATIONS OF
LAW, BY ITSELF, DOES NOT MEAN THAT THE PROGRAM IS NOT EFFECTIVE IF THE
COURT FINDS THAT THE ENTERPRISE EXERCISED DUE DILIGENCE IN
ESTABLISHING AND MAINTAINING ITS PROGRAM AT THE TIME THE ACTS
CONSTITUTING THE OFFENSE WERE COMMITTED.
F. THIS SECTION DOES NOT APPLY IF ANY OF THE FOLLOWING APPLIES:
1. A HIGH MANAGERIAL AGENT OF THE ENTERPRISE, A UNIT OF THE
ENTERPRISE WITH TWO HUNDRED OR MORE EMPLOYEES AND WITHIN WHICH
THE OFFENSE WAS COMMITTED OR AN INDIVIDUAL WHO IS RESPONSIBLE FOR
THE ADMINISTRATION OR ENFORCEMENT OF A PROGRAM TO PREVENT AND
DETECT VIOLATIONS OF LAW PARTICIPATED IN, CONDONED OR WAS
WILLFULLY IGNORANT OF THE OFFENSE. IT IS A REBUTTABLE PRESUMPTION
THAT THE ENTERPRISE DID NOT HAVE AN EFFECTIVE PROGRAM TO PREVENT
AND DETECT VIOLATIONS OF LAW IF AN INDIVIDUAL WITH SUBSTANTIAL
SUPERVISORY AUTHORITY PARTICIPATES IN AN OFFENSE.
2. AFTER BECOMING A WARE OF AN OFFENSE, THE ENTERPRISE
UNREASONABLY DELAYED REPORTING THE OFFENSE TO THE APPROPRIATE
GOVERNMENTAL AUTHORITIES. AN ENTERPRISE SHALL REPORT AN OFFENSE
WITHIN SEVENTY-TWO HOURS.
3. THE ENTERPRISE WILLFULLY OBSTRUCTED OR IMPEDED, ATTEMPTED
TO OBSTRUCT OR IMPEDE OR AIDED, ABETTED OR ENCOURAGED THE
OBSTRUCTION OF JUSTICE DURING THE INVESTIGATION, PROSECUTION OR
SENTENCING OF THE OFFENSE OR, WITH KNOWLEDGE OF THE OFFENSE, FAILED
TO TAKE REASONABLE STEPS TO PREVENT THE OBSTRUCTION OR IMPEDIMENT
OR THE ATTEMPTED OBSTRUCTION OR IMPEDIMENT.
4. IF THE OFFENSE IS DISCOVERED BY THE GOVERNMENT BEFORE
DISCLOSURE BY THE ENTERPRISE UNLESS, UNDER THE CIRCUMSTANCES OF THE
OFFENSE, NO HIGH MANAGERIAL AGENT KNEW OR COULD REASONABLY HA VE
KNOWN OF THE CONDUCT CONSTITUTING THE OFFENSE.
1018 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.173, § 1
13-822.01. Dangerous and repeat enterprise offenders; fines
A. WHETHER OR NOT AN ENTERPRISE MAINTAINS AN EFFECTIVE
PROGRAM TO PREVENT AND DETECT VIOLATIONS OF LAW PURSUANT TO
SECTION 13-822, TIIB COURT MAY SUBJECT AN ENTERPRISE TO FIVE TIMES THE
MAXIMUM FINE AUTHORIZED BY SECTION 13-803 IF BASED ON ANY EVIDENCE
THAT WAS INTRODUCED BEFORE SENTENCING OR THAT WAS HEARD AT TRIAL
THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT ANY OF THE
FOLLOWING APPLIES TO THE COMMISSION OF THE OFFENSE:
1. THE OFFENSE VIOLATED A ruDICIAL OR ADMINISTRATIVE ORDER OR
INJUNCTION, OTHER THAN A VIOLATION OF A CONDITION OF PROBATION OR
THAT THE ENTERPRISE OR A SEPARATELY MANAGED LINE OF BUSINESS
VIOLATED A CONDITION OF PROBATION BY ENGAGING IN MISCONDUCT
SIMILAR TO THAT FOR WHICH IT WAS PLACED ON PROBATION.
2. THE OFFENSE INVOLVED CONDUCT THAT WAS MALICIOUS OR
WANTON.
3. THE OFFENSE INVOLVED CONDUCT THAT POSED AN IMMINENT AND
SUBSTANTIAL HAZARD TO HUMAN HEALTH OR TO THE ENVIRONMENT OR
RESULTED IN SERIOUS ACTUAL HARM TO HUMAN HEALTH OR TO THE
ENVIRONMENT AND THE ENTERPRISE CONTINUED THE CONDUCT AFTER
RECEIVING NOTICE.
B. FOR THE PURPOSES OF THIS SECTION, AN ENTERPRISE IS DEEMED TO
HAVE RECEIVED NOTICE IF AN OFFICER, DIRECTOR OR HIGH MANAGERIAL
AGENT HAS ACTUAL KNOWLEDGE THAT THE ENTERPRISE IS ENGAGING IN THE
CONDUCT THAT CONSTITUTES A VIOLATION OF LAW AND THE OFFICER,
DIRECTOR OR HIGH MANAGERIAL AGENT KNOWS OR IS RECKLESSLY
INDIFFERENT TO THE FACT THAT THE CONDUCT IS OR MAY BE HARMFUL.
Approved by the Governor April 5, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
SHOPPING CARTS--RETRIEV AL
CHAPTER173
H.B.2066
AN ACT AMENDING TITLE 44, CHAPTER 11, ARIZONA REVISED STATUTES, BY
ADDING ARTICLE 19; RELATING TO SHOPPING CARTS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article
19, to read:
ARTICLE 19. SHOPPING CARTS
44-1799.31. Defmitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "BUSINESS OF SHOPPING CART RETRIEVAL" MEANS SEARCHING FOR,
GATHERING AND RESTORING POSSESSION TO THE OWNER OR THE OWNER'S
AGENT, FOR COMPENSATION OR IN EXPECTATION OF COMPENSATION, OF
SHOPPING CARTS LOCATED OUTSIDE THE PREMISES OR PARKING AREA OF A
RETAIL ESTABLISHMENT.
2. "PARKING AREA" MEANS A PARKING LOT OR OTHER PROPERTY
PROVIDED BY A RETAILER FOR USE BY A CUSTOMER FOR PARKING ANY
AUTOMOBILE OR OTHER VEHICLE.
Additions are indicated by UPPER CASE; deletions by ~ 1019
Ch. 173, § 1 441h LEGISLATURE
3. "SHOPPING CART" MEANS A BASKET THAT IS MOUNTED ON WHEELS OR
A SIMILAR DEVICE THAT rs GENERALLY USED IN A RETAIL ESTABLISHMENT BY
A CUSTOMER FOR THE PURPOSE OF TRANSPORTING GOODS OF ANY KIND.
44-1799.32. Prohibition of certain shopping cart activity; applicability;
consent; presumption
A. A PERSON SHALL NOT DO ANY OF THE FOLLOWING WITH THE INTENT
TO TEMPORARILY OR PERMANENTLY DEPRIVE THE OWNER OR RETAILER OF
POSSESSION OF A SHOPPING CART, IF THE SHOPPING CART HAS A
PERMANENTLY AFFIXED SIGN AS PROVIDED IN SUBSECTION B:
1. REMOVE A SHOPPING CART FROM THE PREMISES OR PARKING AREA OF
A RETAIL ESTABLISHMENT.
2. BE IN POSSESSION OF ANY SHOPPING CART THAT HAS BEEN REMOVED
FROM THE PREMISES OR PARKING AREA OF A RETAIL ESTABLISHMENT.
3. BE IN POSSESSION OF ANY SHOPPING CART WITH THE SERIAL NUMBERS
REMOVED, OBLITERATED OR ALTERED.
4. LEA VE OR ABANDON A SHOPPING CART AT A LOCATION OTHER THAN
THE PREMISES OR PARKING AREA OF THE RETAIL ESTABLISHMENT.
5. ALTER, CONVERT OR TAMPER WITH A SHOPPING CART, REMOVE ANY
PART OR PORTION OF A SHOPPING CART OR REMOVE, OBLITERATE OR ALTER
SERIAL NUMBERS ON A SHOPPING CART.
6. BE IN POSSESSION OF ANY SHOPPING CART WHILE THAT CART IS NOT
LOCATED ON THE PREMISES OR PARKING LOT OF A RETAIL ESTABLISHMENT.
B. SUBSECTION A APPLIES IF A SHOPPING CART HAS A SIGN
PERMANENTLY AFFIXED TO IT THAT IDENTIFIES THE OWNER OF THE CART OR
RETAILER, OR BOTH, NOTIFIES THE PUBLIC OF THE PROCEDURE TO BE USED FOR
AUTHORIZED REMOVAL OF THE CART FROM THE PREMISES, NOTIFIES THE
PUBLIC THAT THE UNAUTHORIZED REMOVAL OF THE CART FROM THE PREMISES
OR PARKING AREA OF THE RETAIL ESTABLISHMENT OR THE UNAUTHORIZED
POSSESSION OF THE CART IS A VIOLATION OF LAW AND LISTS A VALID
TELEPHONE NUMBER AND ADDRESS FOR RETURNING THE CART REMOVED
FROM THE PREMISES OR PARKING AREA TO THE OWNER OR RETAILER.
C. THIS SECTION DOES NOT APPLY TO THE OWNER OF A SHOPPING CART
OR TO A RETAILER OR A RETAILER'S AGENTS OR EMPLOYEES OR TO A
CUSTOMER OF A RETAIL ESTABLISHMENT WHO HAS WRITTEN CONSENT FROM
THE OWNER OF A SHOPPING CART OR A RETAILER TO BE IN POSSESSION OF THE
SHOPPING CART OR TO REMOVE THE SHOPPING CART FROM THE PREMISES OR
THE PARKING AREA OF THE RETAIL ESTABLISHMENT OR TO DO ANY OF THE
ACTS SPECIFIED IN SUBSECTION A.
D. IN ANY CIVIL PROCEEDING, ANY SHOPPING CART THAT HAS A SIGN
AFFIXED TO IT PURSUANT TO THIS SECTION ESTABLISHES A REBUTTABLE
PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE THAT THE
PROPERTY IS THAT OF THE PERSON OR BUSINESS NAMED IN THE SIGN AND NOT
ABANDONED BY THE PERSON OR BUSINESS NAMED IN THE SIGN. IN ANY
CRIMINAL PROCEEDING, IT MAY BE INFERRED THAT ANY SHOPPING CART THAT
HAS A SIGN AFFIXED TO IT PURSUANT TO THIS SECTION IS THE PROPERTY OF
THE PERSON OR BUSINESS NAMED ON THE SIGN AND HAS NOT BEEN
ABANDONED BY THE PERSON OR BUSINESS NAMED ON THE SIGN.
44-1799.33. Finding; impoundment of shopping carts by local agencies;
conditions; emergencies; costs; fines; disposal of unclaimed
carts; applicability
A. THE LEGISLATURE FINDS THAT THE RETRIEVAL BY LOCAL
GOVERNMENT AGENCIES OF SHOPPING CARTS SPECIFIED IN THIS SECTION IS IN
NEED OF UNIFORM STATEWIDE REGULATION AND CONSTITUTES A MATTER OF
STATEWIDE CONCERN THAT SHALL BE GOVERNED SOLELY BY THIS SECTION.
1020 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.173, § 1
B. A SHOPPING CART THAT HAS A SIGN AFFIXED TO IT IN ACCORDANCE
WITH SECTION 44-1799.32 MAY BE IMPOUNDED BY A CITY, TOWN OR COUNTY IF
BOTH OF THE FOLLOWING CONDITIONS HA VE BEEN SATISFIED:
I. THE SHOPPING CART IS LOCATED OUTSIDE THE PREMISES OR PARKING
AREA OF A RETAIL ESTABLISHMENT. THE PARKING AREA OF A RETAIL
ESTABLISHMENT LOCATED IN A MULTISTORE COMPLEX OR SHOPPING CENTER
INCLUDES THE PARKING AREA USED BY THE COMPLEX OR CENTER.
2. THE SHOPPING CART IS NOT RETRIEVED WITHIN THREE BUSINESS DAYS
AFTER THE DATE THE OWNER OF THE SHOPPING CART, OR THE OWNER'S AGENT,
RECEIVES ACTUAL NOTICE FROM THE CITY, TOWN OR COUNTY OF THE
SHOPPING CART'S DISCOVERY AND LOCATION.
C. IF THE LOCATION OF THE SHOPPING CART WILL IMPEDE EMERGENCY
SERVICES, OBSTRUCT VEHICLE TRAFFIC OR CREATE A SAFETY HAZARD TO THE
PUBLIC ON A PUBLIC RIGHT OF WAY, A CITY, TOWN OR COUNTY MAY
IMMEDIATELY RETRIEVE THE SHOPPING CART FROM PUBLIC OR PRIVATE
PROPERTY.
D. A CITY, TOWN OR COUNTY THAT IMPOUNDS A SHOPPING CART MAY
RECOVER ITS ACTUAL COSTS FOR PROVIDING THIS SERVICE.
E. A SHOPPING CART THAT IS IMPOUNDED BY A CITY, TOWN OR COUNTY
SHALL BE HELD AT A LOCATION THAT IS WITHIN THE CITY, TOWN OR COUNTY
AND OPEN FOR BUSINESS AT LEAST SIX HOURS ON MONDAY THROUGH FRIDAY
OF EACH WEEK EXCEPT ON HOLIDAYS OBSERVED BY THE CITY, TOWN OR
COUNTY.
F. A CITY, TOWN OR COUNTY MAY FINE THE OWNER OF A SHOPPING CART
NOT MORE THAN FIFTY DOLLARS FOR EACH OCCURRENCE IN EXCESS OF THREE
DURING THE PREVIOUS SIX MONTH PERIOD FOR FAILURE TO RETRIEVE
SHOPPING CARTS WITHIN ONE DAY IN ACCORDANCES WITH THIS SECTION. AN
OCCURRENCE INCLUDES ALL SHOPPING CARTS IMPOUNDED IN ACCORDANCE
WITH THIS SECTION IN A ONE DAY PERIOD.
G. A SHOPPING CART THAT IS NOT RECLAIMED FROM THE CITY, TOWN OR
COUNTY WITHIN THIRTY DAYS AFTER RECEIPT OF A NOTICE OF VIOLATION BY
THE OWNER OF THE SHOPPING CART MAY BE SOLD OR OTHERWISE DISPOSED OF
BY THE CITY, TOWN OR COUNTY IN POSSESSION OF THE SHOPPING CART.
H. NOTWITHSTANDING SUBSECTION B, PARAGRAPH 2 OF THIS SECTION, A
CITY, TOWN OR COUNTY MAY IMPOUND A SHOPPING CART THAT OTHERWISE
MEETS THE CRITERIA PRESCRIBED IN SUBSECTION B, PARA GRAPH 1 OF THIS
SECTION WITHOUT COMPLYING WITH THE THREE DAY ADVANCE NOTICE
REQUIREMENT IF ALL OF THE FOLLOWING APPLY:
1. THE OWNER OF THE SHOPPING CART OR THE OWNER'S AGENT IS
PROVIDED WITH ACTUAL NOTICE WITHIN TWENTY-FOUR HOURS AFTER THE
IMPOUND AND THAT NOTICE INFORMS THE OWNER OR THE OWNER'S AGENT OF
THE LOCATION WHERE THE SHOPPING CART MAY BE CLAIMED.
2. THE SHOPPING CART IS IMPOUNDED AT A LOCATION IN COMPLIANCE
WITH SUBSECTION E OF THIS SECTION.
3. THE SHOPPING CART IS RECLAIMED BY THE OWNER OR THE OWNER'S
AGENT WITHIN THREE BUSINESS DAYS AFTER THE DA TE OF ACTUAL NOTICE AS
PROVIDED IN PARAGRAPH 1 OF THIS SUBSECTION AND IS RELEASED AND
SURRENDERED TO THE OWNER OR AGENT AT NO CHARGE, INCLUDING THE
WAIVER OF ANY IMPOUND AND STORAGE FEES OR FINES THAT WOULD
OTHERWISE APPLY PURSUANT TO SUBSECTION D ORF OF THIS SECTION. ANY
CART RECLAIMED WITHIN THE THREE BUSINESS DAY PERIOD IS NOT DEEMED
AN OCCURRENCE FOR PURPOSES OF SUBSECTION F OF THIS SECTION.
I. ANY SHOPPING CART NOT RECLAIMED BY THE OWNER OR THE OWNER'S
AGENT AFTER THREE BUSINESS DAYS AFTER THE DATE OF ACTUAL NOTICE AS
Additions are indicated by UPPER CASE; deletions by ~ 1021
Ch. 173, § 1 44th LEGISLATURE
PROVIDED IN SUBSECTIONS B AND H OF THIS SECTION IS SUBJECT TO ANY
APPLICABLE FEE OR FINE IMPOSED PURSUANT TO SUBSECTION D OR F OF THIS
SECTION COMMENCING ON THE FOURTH BUSINESS DAY AFTER THE DATE OF
THE NOTICE.
J. ANY SHOPPING CART NOT RECLAIMED BY THE OWNER OR THE OWNER'S
AGENT WITHIN THIRTY DAYS AFTER THE DATE OF ACTUAL NOTICE AS
PROVIDED BY SUBSECTION H, PARAGRAPH I OF THIS SECTION MAY BE SOLD OR
DISPOSED OF IN ACCORDANCE WITH SUBSECTION G OF THIS SECTION.
44-1799.34. Shopping cart retrieval; records; sign
A. A PERSON WHO ENGAGES IN THE BUSINESS OF SHOPPING CART
RETRIEVAL SHALL RETAIN RECORDS SHOWING WRITTEN AUTHORIZATION
FROM THE CART'S OWNER, OR AN AGENT OF THE OWNER, TO RETRIEVE THE
CART AND TO BE IN POSSESSION OF THE CARTS RETRIEVED.
B. A COPY OF THE RECORD SHOWING WRITTEN AUTHORIZATION SHALL
BE MAINTAINED IN EACH VEHICLE USED FOR SHOPPING CART RETRIEVAL.
C. EACH VEHICLE USED FOR THE RETRIEVAL OF SHOPPING CARTS SHALL
DISPLAY A SIGN THAT CLEARLY IDENTIFIES THE RETRIEVAL SERVICE.
44-1799.35. Applicability of article; local ordinances
THIS ARTICLE DOES NOT INVALIDATE AN ORDINANCE OF, OR SHALL NOT
BE CONSTRUED TO PROHIBIT THE ADOPTION OF AN ORDINANCE BY A CITY,
TOWN OR COUNTY THAT REGULATES OR PROHIBITS THE REMOVAL OF
SHOPPING CARTS FROM THE PREMISES OR PARKING AREAS OF A RETAIL
ESTABLISHMENT EXCEPT TO THE EXTENT ANY PROVISION OF THE ORDINANCE
EXPRESSLY CONFLICTS WITH ANY PROVISION OF THIS ARTICLE.
44-1799.36. Violation; classification; applicability
A. A PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE IS GUILTY
OF A CLASS 3 MISDEMEANOR.
B. THIS ARTICLE IS NOT INTENDED TO PRECLUDE THE APPLICATION OF
ANY OTHER LAWS RELATING TO PROSECUTION FOR A CRIMINAL OFFENSE.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
REAL ESTATE
CHAPTER174
H. B.2117
AN ACT AMENDING SECTIONS 32-2104, 32-2136, 32-2151.02 AND 32-2153, ARIZONA
REVISED STATUTES; RELATING TO REAL ESTATE.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2104, Arizona Revised Statutes, is amended to read:
32-2104. Real estate advisory board; members; terms; qualifications;
compensation; chairman; duties
A. There shall be A real estate advisory board IS EST AB LI SHED composed of seven
NINE members who shall be appointed by the governor. The term of office of each member
shall-be IS six years, AND the terms of.we THREE members te expire ON January 31 OF each
odd numbered year except that each third odd numbered year the terms of three members shall
t!*pire. Appointment to fill a vacancy occurring other than by expiration of term shall be filled
by appointment for the unexpired portion of the term only.
1022 Additions are indicated by UPPER CASE; deletions by stFikeeut
SECOND REGULAR SESSION -2000 Ch.174, § 3
B. The membership of the board shall consist of:
1. Two members \Vho ha,re eaeh been, for five )'-Oars, EACH OF WHOM IS a real estate
broker WITH AT LEAST FIVE YEARS OF BROKERAGE EXPERIENCE aetively engaged in
business as sueh in this state. Not more than one member shall be appointed from any one
county.
2. TWO MEMBERS, EACH OF WHOM HAS BEEN ENGAGED IN RESIDENTIAL
REAL ESTATE BROKERAGE FOR THE FIVE YEARS IMMEDIATELY PRECEDING
APPOINTMENT.
~ 3. Two members who shall-be ARE primarily engaged in subdividing real property.
;h 4. Three public members who are not related within the third degree OF
consanguinity or affinity to any person holding a broker's or salesman's SALESPERSON'S
license from this state.
C. Members of the board shall receive no compensation but shall be reimbursed for
subsistence expenses pursuant to section 38-624 and travel expenses pursuant to section 38-623.
D. The board annually shall select from its membership a chairperson for the board.
E. The board shall provide the commissioner with such recommendations as it deems
necessary and beneficial to the best interests of the public. The board shall also provide
recommendations on specific questions or proposals AS THE BOARD DEEMS NECESSARY
OR as requested by the commissioner.
F. The board annually shall present to the governor an evaluation of the performance of
the real estate commissioner and the real estate department.
G. NOT MORE THAN FNE MEMBERS OF THE BOARD FROM ANY ONE
COUNTY MAY SERVE CONCURRENTLY.
Sec. 2. Section 32-2136, Arizona Revised Statutes, is amended to read:
32-2136. Broker management clinic
A. The department shall 6eflffil€t DETERMINE THE INSTRUCTOR
QUALIFICATIONS FOR TEACHING BROKER MANAGEMENT CLINICS AND THE
COURSE CONTENT OF broker audit MANAGEMENT clinics for persons required to attend
these clinics pursuant to subsection C of this section. The depar.rnent shall not eharge a fee
for any audit elinie that is eondaeted by the c!epartment.
B. The A broker audit MANAGEMENT clinic shall include instruction on department
audits and on the obligations and responsibilities of designated brokers. The A BROKER
MANAGEMENT clinic shall address record keeping requirements, trust fund accounts,
ADVERTISING AND PROMOTIONS, listing agreements, contracts, fiduciary duties,
MATERIAL DISCLOSURES, department investigations and employee supervision and broker
responsibilities. A broker audit MANAGEMENT clinic may be designed to address property
management activities or sales activities, or both.
C. A person who is issued an original real estate broker's license shall attend a broker
audit MANAGEMENT clinic within ninety days after issuance of the license. A person who
becomes a designated broker shall attend a broker audit MANAGEMENT clinic within ninety
days after becoming a designated broker, unless the broker has attended an-aadit A BROKER
MANAGEMENT clinic during the broker's current licensing period. All designated real estate
brokers shall attend a broker audit MANAGEMENT clinic once during every fooF TWO year
LICENSING period after their initial attendance.
D. Attendance at a broker audit MANAGEMENT clinic constitutes three clock-hours of
real estate oriented education pursuant to section 32-2130, subsection A.
Sec. 3. Section 32-2151.02, Arizona Revised Statutes, is amended to read:
32-2151.02. Real estate employment agreements; definition
A. All real estate sale or rental listing EMPLOYMENT agreements and all buver's
broker employment agreements shall:
1. Be written in clear and unambiguous language.
2. Fully set forth all material terms, INCLUDING THE TERMS OF BROKER
COMPENSATION.
3. Have a definite duration or expiration date, showing dates of inception and expiration.
Additions are indicated by UPPER CASE; deletions by~ 1023
Ch. 174,§3 441h LEGISLATURE
4. Be signed by all parties to the agreement.
B. An employing broker shall not assign a ltstmg REAL ESTATE EMPLOYMENT
agreement to another broker without the express written consent of all parties to the agreement at
the time of the assignment.
C. A licensee shall not procure, or attempt to procure, a Hstmg REAL ESTATE
EMPLOYMENT agreement for property that FROM A PARTY WHO is already subject to an
existing exclusive Hstmg REAL ESTATE EMPLOYMENT agreement unless the licensee has
notified the seller or lessor RECEIVED WRITTEN ACKNOWLEDGMENT FROM THE
PARTY that the execution of additional HstiBgs REAL ESTATE EMPLOYMENT
AGREEMENTS could expose the seller or lessor PARTY to liability for substantial additional
commissions, and the seller or lessor signs the notifieation aeknovAedging its reeeipt. Nothing in
this subsection shall be construed to abrogate any civil liability of a licensee arising out of this
conduct.
D. A REAL ESTATE EMPLOYMENT AGREEMENT IS NOT REQUIRED FOR A
LICENSEE TO REPRESENT A PARTY IN A TRANSACTION.
E. FOR THE PURPOSES OF THIS SECTION, "REAL ESTATE EMPLOYMENT
AGREEMENT" MEANS A WRITTEN AGREEMENT BY WHICH A REAL ESTATE
BROKER IS ENTITLED TO COMPENSATION FOR SERVICES RENDERED PURSUANT
TO SECTION 44-101, PARAGRAPH 7.
Sec. 4. Section 32-2153, Arizona Revised Statutes, is amended to read:
32-2153. Grounds for denial, suspension or revocation of licenses; issuance
of a provisional license; retention of jurisdiction by
commissioner; definition
A. The commissioner may suspend or revoke a license, deny the issuance of a license,
ISSUE A PROVISIONAL LICENSE or deny the renewal or the right of renewal of a license
issued under the provisions of this chapter if it appears that the holder or applicant, within five
years immediately preceding, in the performance of or attempt to perform any acts authorized by
the license or by this chapter, has:
1. Pursued a course of misrepresentation or made false promises, either directly or
through others, whether acting in the role of a licensee or a principal in a transaction.
2. Acted for more than one party in a transaction without the knowledge or consent of all
parties to the transaction.
3. Disregarded or violated any of the provisions of this chapter or any rules adopted by
the commissioner.
4. Knowingly authorized, directed, connived at or aided in the publication,
advertisement, distribution or circulation of any material false or misleading statement or
representation concerning the licensee's business or any land, cemetery property, subdivision or
membership campground or camping contract offered for sale, in this or any other state.
5. Knowingly used the term "real estate broker", "cemetery broker" or "membership
camping broker" without legal right to do so.
6. Employed any unlicensed salesperson or unlicensed associate broker.
7. Accepted compensation as a licensee for the performance of any of the acts specified
in this chapter from any person other than the licensed broker to whom the licensee is licensed,
the licensed professional corporation of which the licensee is an officer and shareholder or the
licensed professional limited liability company of which the licensee is a member or manager.
8. Represented or attempted to represent a broker other than the broker to whom the
salesperson or associate broker is licensed.
9. Failed, within a reasonable time, to account for or to remit any monies, to surrender to
the rightful owner any documents or other valuable property coming into the licensee's
possession whieh belong AND THAT BELONGS to others, or to issue an appraisal report on
real property or cemetery property in which the licensee has an interest, unless the nature and
extent of the interest are fully disclosed in the report.
10. Paid or received any rebate, profit, compensation or commission in violation of this
chapter.
1024 Additions are indicated by UPPER CASE; deletions by stFikeeHt
SECOND REGULAR SESSION -2000 Ch.174, § 4
11. Induced any party to a contract to break the contract for the purpose of substituting a
new contract with the same or a different principal, if the substitution is motivated by the
personal gain of the licensee.
12. Placed a sign on any property offering it for sale or for rent without the written
authority of the owner or the owner's authorized agent.
13. Solicited, either directly or indirectly, prospects for the sale, lease or use of real
property, cemetery property or membership camping contracts through a promotion of a
speculative nature involving a game of chance or risk or through conducting lotteries or contests
that are not specifically authorized under the provisions of this chapter.
14. Failed to pay to the commissioner the biennial renewal fee as specified in this chapter
promptly and before the time specified.
15. Failed to keep an escrow or trust account or other record of funds deposited with the
licensee relating to a real estate transaction.
16. Commingled the money or other property of the licensee's principal or client with the
licensee's own or converted that money or property to the licensee or another.
17. Failed or refused upon demand to produce any document, contract, book, record,
information, compilation or report that is in the licensee's possession or that the licensee is
required by law to maintain concerning any real estate, cemetery or membership camping
business, services, activities or transactions involving or conducted by the licensee for inspection
by the commissioner or the commissioner's representative.
18. Failed to maintain a complete record of each transaction which comes within the
provisions of this chapter.
19. Violated the federal fair housing law, the Arizona civil rights law or any local
ordinance of a similar nature.
20. Tendered to the A buyer a wood infestation report in connection with the transfer of
residential real property or an interest in residential real property knowing that wood infestation
exists or that the wood infestation report was inaccurate or false as of the date of the tender or
that an inspection was not done in conjunction with the preparation of the wood infestation
report.
21. As a licensed broker, failed to exercise reasonable supervision over the activities of
salespersons, associate brokers or others under the broker's employ or failed to exercise
reasonable supervision and control over the activities for which a license is required of a
corporation, limited liability company or partnership on behalf of which the broker acts as
designated broker under section 32-2125.
22. Demonstrated negligence in performing any act for which a license is required.
23. Sold or leased a property to a buyer or lessee that was not the property represented to
the buyer or lessee.
24. Violated any condition or term of a commissioner's order.
25. Signed the name of another person on any document or form without the express
written consent of the person.
B. The commissioner may suspend or revoke a license, deny the issuance of a license,
ISSUE A PROVISIONAL LICENSE or deny the renewal or the right of renewal of a license
issued under the provisions of this chapter when it appears that the holder or applicant therefor
has:
I. Procured or attempted to procure a license under the provisions of this chapter for
himself or another by fraud, misrepresentation or deceit, or by filing an original or renewal
application which is false or misleading.
2. Been convicted in a court of competent jurisdiction in this or any other state of a
felony or of any crime of forgery, theft, extortion, conspiracy to defraud, a crime of moral
turpitude or any other like offense.
3. Made any substantial misrepresentation.
4. Made any false promises of a character likely to influence, persuade or induce.
5. Been guilty of any conduct, whether of the same or a different character than specified
in this section, which constitutes fraud or dishonest dealings.
Additions are indicated by UPPER CASE; deletions by stFikeoot 1025
Ch. 174, § 4 441h LEGISLATURE
6. Engaged in the business of a real estate, cemetery or membership camping broker or
real estate, cemetery or membership camping salesperson without holding a license as prescribed
in this chapter.
7. Not shown that the holder or applicant is a person of honesty, truthfulness and good
character.
8. Demonstrated incompetence to perform any duty or requirement of a licensee under or
arising from this chapter.
9. Violated the terms of any criminal or administrative order, decree or sentence.
10. Violated any federal or state law, regulation or rule that relates to real estate or
securities or that involves forgery, theft, extortion, fraud, substantial misrepresentation, dishonest
dealings or violence against another person or failure to deal fairly with any party to a transaction
that materially and adversely affected the transaction. This paragraph applies equally to
violations of which the licensee was convicted in any lawful federal or state tribunal and to any
admissions made in any settlement agreement by the licensee to violations.
C. The commissioner may deny, suspend or revoke the issuance of a license upon
application by a corporation, a limited liability company or a partnership if it appears that an
owner, officer, director, member, manager, partner, stockholder owning ten per cent or more of
the stock in the corporation or limited liability company or person exercising control of the entity
is a current or former licensee whose license as a broker or a salesperson has been denied,
suspended or revoked.
D. The lapsing or suspension of a license by operation of law or by order or decision of
the commissioner or a court of law or the voluntary surrender of a license by a licensee shall not
deprive the commissioner of jurisdiction to do any of the following:
1. Proceed with any investigation of or action or disciplinary proceeding against the
licensee.
2. Render a decision suspending or revoking the license, or denying the renewal or right
of renewal of the license.
3. Assess a civil penalty pursuant to section 32-2160.01.
E. FOR THE PURPOSES OF THIS SECTION, "PROVISIONAL LICENSE" MEANS
A LICENSE THAT THE DEPARTMENT ISSUES AND THAT ALLOWS A LICENSEE TO
PRACTICE AS A SALESPERSON OR BROKER SUBJECT TO EITHER A CONSENT
ORDER AS PRESCRIBED IN SECTION 32-2153.01 OR THE COMMISSIONER'S TERMS,
CONDITIONS AND RESTRICTIONS.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
AMBULANCES AND AMBULANCE SERVICE-RA TES
CHAPTER175
H.B. 2148
AN ACT AMENDING SECTIONS 36-2232 AND 36-2239, ARIZONA REVISED
STATUTES; RELATING TO THE REGULATION OF AMBULANCES AND
AMBULANCE SERVICES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2232, Arizona Revised Statutes, is amended to read:
36-2232. Director; powers and duties; regulation of ambulance services;
inspections
A. The director shall adopt rules to regulate the operation of ambulances and ambulance
services in this state. Each rule shall identify all sections and subsections of this chapter under
which the rule was formulated. The rules shall provide for the department to do the following:
1026 Additions are indicated by UPPER CASE; deletions by stFikeoo-t
SECOND REGULAR SESSION -2000 Ch.175, § 1
1. Determine, fix, alter and regulate just, reasonable and sufficient rates and charges for
the provision of ambulances, including rates and charges for advanced life support service, basic
life support service, patient loaded mileage, standby waiting, subscription service contracts and
other contracts for services related to the provision of ambulances. THE DIRECTOR MAY
ESTABLISH A RATE AND CHARGE STRUCTURE AS DEFINED BY FEDERAL MEDICARE
GUIDELINES FOR AMBULANCE SERVICES. The director shall inform all ambulance services
of the procedures and methodology used to determine ambulance rates or charges.
2. Regulate operating and response times of ambulances to meet the needs of the public
and to insure adequate service. The rules adopted by the director for certificated ambulance
service response times shall include uniform standards for urban, suburban, rural and wilderness
geographic areas within the certificate of necessity based on, but not limited to, population
density, geographic and medical considerations.
3. Determine, fix, alter and regulate bases of operation. The director may issue a
certificate of necessity to more than one ambulance service within any base of operation. For
purposes of this paragraph, "base of operation" means a service area granted under a certificate
of necessity.
4. Issue, amend, transfer, suspend or revoke certificates of necessity under terms and
conditions not ineonsistent CONSISTENT with this article.
5. Prescribe a uniform system of accounts to be used by ambulance services and which
conforms to standard accounting forms and principles for the ambulance industry.
6. Require the filing of an annual financial report and other data. These rules shall
require an ambulance service to file the report with the department not later than one hundred
eighty days after the completion of its annual accounting period.
7. Regulate ambulance services in all matters affecting services to the public to the end
that the provisions of this article may be fully carried out.
8. Prescribe bonding requirements, if any, for ambulance services granted authority to
provide any type of subscription service.
9. Offer technical assistance to ambulance services to maximize a healthy and viable
business climate for the provision of ambulances.
10. Offer technical assistance to ambulance services in order to obtain or to amend a
certificate of necessity.
11. Inspect, at a maximum of twelve month intervals, all ambulanees EACH
AMBULANCE registered pursuant to section 36-2212 to assure that the vehicle is operational
and safe and that all required medical equipment is operational. At the request of the provider,
the inspection may be performed by a facility approved by the director. If a provider requests
that the inspection be performed by a facility approved by the director, the provider shall pay the
cost of the inspection.
B. The director may require any ambulance service offering subscription service
contracts to obtain a bond in an amount determined by the director, which amount shall be based
upon the number of subscription service contract holders, and to file such bond with the director
for the protection of all subscription service contract holders in this state who are covered under
that subscription contract.
C. An ambulance service shall:
1. Maintain, establish, add, move or delete suboperation stations within its base of
operation to assure that the ambulance service meets the established response times or those
approved by the director in a political subdivision contract.
2. Determine the operating hours of its suboperation stations to provide for coverage of
its base of operation.
3. Provide the department with a list of suboperation station locations.
4. Notify the department at least thirty days before the ambulance service makes a
change in the number or location of its suboperation stations.
D. At any time the director or the director's agents may:
1. Inquire into the operation of an ambulance service including a person operating an
ambulance which has not been issued a certificate of registration or a person who does not have
or is operating outside of a certificate of necessity.
Additions are indicated by UPPER CASE; deletions by~ 1027
Ch. 175, § 1 44th LEGISLATURE
2. Conduct on-site inspections of facilities, communications equipment, vehicles,
procedures, materials and equipment.
3. Review the qualifications of ambulance attendants.
E. If all ambulance services that have been granted authority to operate within the same
service area or that have overlapping certificates of necessity apply for uniform rates and
charges, the director may establish uniform rates and charges for the service area.
Sec. 2. Section 36-2239, Arizona Revised Statutes, is amended to read:
36-2239. Rates or charges of ambulance service
A. An ambulance service that applies for an adjustment in its rates or charges shall
automatically be granted a rate increase equal to the amount determined under section 36-2234,
subsection E, if the ambulance service is so entitled. AN AUTOMATIC RATE ADruSTMENT
GRANTED PURSUANT TO THIS SUBSECTION AND THAT IS FILED ON OR BEFORE
APRIL 1 IS EFFECTIVE JUNE 1 OF THAT YEAR. THE DEPARTMENT SHALL NOTIFY
THE APPLICANT AND EACH HEALTH CARE SERVICES ORGANIZATION AS
DEFINED IN SECTION 20-1051 OF THE RATE ADmSTMENT ON OR BEFORE MAY 1
OF THAT YEAR.
B. Notwithstanding subsection D of this section, if the department does not hold a
hearing within ninety days after an ambulance service submits an application to the department
for an adjustment of its rates or charges, the ambulance service may adjust its rates or charges to
an amount not to exceed the amount sought by the ambulance service in its application to the
department. An ambulance service shall not apply for an adjustment of its rates or charges more
than once every six months.
C. The ElepartmeB.t may, At the time it holds a hearing on the rates or charges of an
ambulance service pursuant to section 36-2234, THE DEPARTMENT MAY adjust the rates or
charges adjusted by the ambulance service pursuant to subsection B of this section, but the
adjustment shall not be retroactive.
D. An ambulance service shall not charge, demand or collect any remuneration for any
service greater or lesser than or different from the rate or charge determined and fixed by the
department as the rate or charge for that service. An ambulance service may charge for
disposable supplies, medical supplies and medication and oxygen related costs if the charges do
not exceed the manufacturer's suggested retail price, are uniform throughout the ambulance
service's certificated area and are filed with the director. An ambulance service shall not refund
or limit in any manner or by any device any portion of the rates or charges for a service which
the department has determined and fixed or ordered as the rate or charge for that service.
E. The department shall determine and render its decision regarding all rates or charges
within ninety days after commencement of the applicant's hearing for an adjustment of rates or
charges. If the department does not render its decision as required by this subsection, the
ambulance service may adjust its rates and charges to an amount that does not exceed the
amounts sought by the ambulance service in its application to the department. If the department
renders a decision to adjust the rates or charges to an amount less than that requested in the
application and the ambulance service has made an adjustment to its rates and charges that is
higher than the adjustment approved by the department, within thirty days ffem AFTER the
department's decision the ambulance service shall refund to the appropriate ratepayer the
difference between the ambulance service's adjusted rates and charges and the rates and charges
ordered by the department. The ambulance service shall provide evidence to the department that
the refund has been made. If the ambulance service fails to comply with this subsection, the
director may impose a civil penalty subject to the limitations provided in section 36-2245.
F. An ambulance service shall charge the advanced life support base rate as prescribed
by the director under any of the following circumstances:
1. A person requests an ambulance by dialing telephone number 911, or a similarly
designated telephone number for emergency calls, and the ambulance service meets the
following:
(a) The ambulance is staffed with at least one ambulance attendant.
(b) The ambulance is equipped with all required advanced life support medical
equipment and supplies for the advanced life support attendants in the ambulance.
1028 Additions are indicated by UPPER CASE; deletions by Sffil.eem
SECOND REGULAR SESSION -2000 Ch.176, § 1
( c) The patient receives advanced life support services or is transported by the advanced
life support unit.
2. Advanced life support is requested by a medical authority or by the patient.
3. The ambulance attendants administer one or more specialized treatment activities or
procedures as prescribed by the department by rule.
G. An ambulance service shall charge the basic life support base rate as prescribed by
the director under any of the following circumstances:
I. A person requests an ambulance by dialing telephone number 911, or a similarly
designated telephone number for emergency calls, and the ambulance service meets the
following:
(a) The ambulance is staffed with two ambulance attendants certified by this state.
(b) The ambulance is equipped with all required basic life support medical equipment
and supplies for the basic life support medical attendants in the ambulance.
(c) The patient receives basic life support services or is transported by the basic life
support unit.
2. Basic life support transportation or service is requested by a medical authority or by
the patient, unless any provision of subsection F of this section applies, in which case the
advanced life support rate shall apply.
H. The provisions of Subsection F, paragraph 1 of this section €le DOES not apply to
remunerations A REMUNERATION made pursuant to the Arizona health care cost containment
system.
I. In establishing rates and charges the director shall consider the following factors:
1. The transportation needs assessment of the medical response system in a political
subdivision.
2. The medical care consumer price index of the United States department of labor,
bureau of labor statistics.
3. Whether a review is made by a local emergency medical services coordinating system
in regions where that system is designated as to the appropriateness of the proposed service level.
4. The rate ofreturn on gross revenue.
5. Response times pursuant to section 36-2232, subsection A, paragraph 2.
J. Notwithstanding section 36-2234, an ambulance service may charge an amount for
medical assessment, equipment or treatment that exceeds the requirements of section 36-2205 if
requested or required by a medical provider or patient.
K. Notwithstanding subsections D, F and G of this section, an ambulance service may
provide gratuitous services if an ambulance is dispatched and the patient subsequently declines
to be treated or transported.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
BOARD OF MEDICAL EXAMINERS-OMNIBUS
CHAPTER176
H.B. 2158
AN ACT AMENDING SECTIONS 32-1800, 32-1802, 32-1803, 32-1821, 32-1822, 32-1825,
32-1826, 32-1854, 32-1855 AND 32-1871, ARIZONA REVISED STATUTES;
AMENDING TITLE 32, CHAPTER 17, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 32-1831; RELATING TO THE BOARD OF
OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY.
Be it enacted by the Legislature of the State of Arizona:
Additions are indicated by UPPER CASE; deletions by~ 1029
Ch. 176, § 1 441h LEGISLATURE
Section 1. Section 32-1800, Arizona Revised Statutes, is amended to read:
32-1800. Definitions
In this chapter, unless the context otherwise requires:
I. "Active license" means a valid license to practice medicine.
2. "Adequate records" means legible medical records containing, at a mm1mum,
sufficient information to identify the patient, support the diagnosis, justify the treatment,
accurately document the results, indicate advice and cautionary warnings provided to the patient
and provide sufficient information for another licensed health care practitioner to assume
continuity of the patient's care at any point in the course of treatment.
3. "Approved fellowship program" means that an applicant for licensure completed
training when the hospital or other facility in which the training occurred was approved for
fellowship by the American osteopathic association or by the accreditation council on graduate
medical education.
4. "Approved hospital internship" means that an applicant for licensure completed
training when the hospital or other facility in which the training occurred was approved for
internship by the American osteopathic association or by the accreditation council on graduate
medical education.
5. "Approved preceptorship" means that an applicant for licensure completed training
when the hospital or other facility in which the training occurred was approved for preceptorship
by the American osteopathic association or by the accreditation council on graduate medical
education.
6. "Approved residency" means that an applicant for licensure completed training when
the hospital or other facility in which the training occurred was approved for residency by the
American osteopathic association or by the accreditation council on graduate medical education.
7. "Approved school of osteopathic medicine" means a school or college offering a
course of study which, on successful completion, results in the awarding of the degree of doctor
of osteopathy and whose course of study has been approved or accredited by the American
osteopathic association.
8. "Board" means the Arizona board of osteopathic examiners in medicine and surgery.
9. "Completed application" means an application for which the applicant has supplied all
required fees, information and correspondence required by the board on forms and in a manner
approved by the board.
10. "Decree of censure" means a formal written reprimand by the board of a physician for
a violation of this chapter that constitutes an official action against a physician's license.
11. "Direct supervision" means that a physician is within the same room or office suite as
the medical assistant in order to be available for consultation regarding those tasks the medical
assistant performs pursuant to section 32-1859.
12. "Dispense" means the delivery by a physician of a prescription drug or device to a
patient, except for samples packaged for individual use by licensed manufacturers or repackagers
of drugs, and includes the prescribing, administering, packaging, labeling and security necessary
to prepare and safeguard the drug or device for delivery.
13. "Doctor of osteopathy" means a person who holds a license, registration or permit to
practice medicine pursuant to this chapter.
14. "Full-time faculty member" means a physician employed full time as a faculty
member while holding the academic position of assistant professor or a higher position at an
approved school of osteopathic medicine.
15. "Immediate family" means the spouse, natural or adopted children, father, mother,
brothers and sisters of the physician and the natural and adopted children, father, mother,
brothers and sisters of the physician's spouse.
16. "Inappropriate fee" means a fee that is not supported by documentation of time,
complexity or extreme skill required to perform the service.
17. "Informal interview INVESTIGATIVE HEARING" means a meeting between the
board and a physician to discuss issues set forth in the iafurmaJ. mteP1ievt' INVESTIGATIVE
HEARING notice and during which the board may hear statements from board staff, the
complainant and the physician.
1030 Additions are indicated by UPPER CASE; deletions by siFikeeut
SECOND REGULAR SESSION -2000 Ch.176, § 1
18. "Joint board" means the joint board on the regulation of physician assistants
established pursuant to chapter 25 of this title.
19. "Letter of concern" means an advisory letter to notify a physician that while there is
insufficient evidence to support direct action against the physician's license there is sufficient
evidence for the board to notify the physician of its concern. A letter of concern is a public
document FOR FIVE YEARS AFTER IT IS ISSUED and may be used in future disciplinary
actions against the physician.
20. "Medical assistant" means an unlicensed person who has completed an educational
program approved by the board, who assists in a medical practice under the supervision of a
doctor of osteopathic medicine and who performs delegated procedures commensurate with the
assistant's education and training but who does not diagnose, interpret, design or modify
established treatment programs or violate any statute.
21. "Medical peer review" means the participation by a doctor of osteopathy in the review
and evaluation of the medical management of a patient and the use of resources for patient care
as well as activities relating to a health care institution's decision to grant or continue privileges
to practice at that institution.
22. "Medically incompetent" means that a person lacks sufficient medical knowledge or
skills, or both, to a degree likely to endanger the health of patients or fails to obtain a scaled
score of at least seventy-five per cent on the written special purpose licensing examination
administered by the board.
23. "Medicine" means osteopathic medicine as practiced by a person who receives a
degree of doctor of osteopathy.
24. "Physician" means a doctor of osteopathic medicine who holds a license to practice
osteopathic medicine pursuant to this chapter.
25. "Practice of medicine" or "practice of osteopathic medicine" means all of the
following:
(a) To examine, diagnose, treat, prescribe for, palliate, prevent or correct human
diseases, injuries, ailments, infirmities and deformities, physical or mental conditions, real or
imaginary, by the use of drugs, surgery, manipulation, electricity or any physical, mechanical or
other means as provided by this chapter.
(b) Suggesting, recommending, prescribing or administering any form of treatment,
operation or healing for the intended palliation, relief or cure of any physical or mental disease,
ailment, injury, condition or defect.
( c) The practice of osteopathic medicine alone or the practice of osteopathic surgery or
osteopathic manipulative therapy, or any combination of either practice.
26. "Special purpose licensing examination" means an examination developed by the
national board of medical examiners, on behalf of the federation of state medical boards or the
national board of osteopathic medical examiners for use by state licensing boards, to test the
basic medical competency of physicians who are applying for licensure and who have been in
practice in another jurisdiction or to determine the competency of a physician WHO HAS NOT
BEEN IN PRACTICE FOR A CONSIDERABLE PERIOD OF TIME OR WHO IS under
investigation.
27. "Specialist" means a physician who has successfully completed postdoctoral training
in an approved fellowship program, an approved preceptorship or an approved residency or who
is board certified by a specialty board approved by the board.
28. "Subscription provider of health care" means an entity which, through contractual
agreement, is responsible for the payment, in whole or in part, of debts incurred by a person for
medical or other health care services.
29. "Teaehfflg hospital's aeerew.ted graduate medieal ecmeatiofl program" means that a
hospital is iBeorporated and has an im:emship, fellowsh½> or resideBey traiBiBg program that is
aeerew.ted by the aeereditatioB e01meil for graooate medieal eooeatioB, the Ameriean osteopathie
assoeiatiofl or a similar body appro•1ed by the board.
30. "Teaehiflg lieeBse" meaBS a valid lieeBse to praetiee osteopath.is medieiBe as a
full time faeHJ.tv member of an aaaroved sehool ofmedieal edHeatioB aroemm..
Additions are indicated by UPPER CASE; deletions by stFikeeut 1031
Ch. 176, §2 44th LEGISLATURE
Sec. 2. Section 32-1802, Arizona Revised Statutes, is amended to read:
32-1802. Meetings; organization; compensation
A. The board shall hold an annual meeting during the month of January each year in the
city of Phoenix, and may hold other meetings at times and places determined by a majority of
the board t1poB giviag ON NOTICE to each member and the general public Betiee pursuant to
title 38, chapter 3, article 3.1. A majority of the members of the board constitutes a quorum, and
a majority vote of a quorum present at any meeting governs all board actions.
B. At each annual meeting the board shall select from among its membership a president
and vice-president who shall serve until their successors are chosen. If either of these offices
becomes vacant before the annual meeting the board may elect a replacement at any other board
meeting.
C. Members of the board are eligible to receive compensation in the amount of eae
TWO hundred fifty dollars for each day of actual service in the business of the board and
reimbursement of all expenses necessarily and properly incurred in attending meetings of the
board.
D. Board members, the executive director, permanent or temporary board personnel,
board consultants and professional medical investigators are immune from civil liability for any
act they do in good faith to implement this chapter.
Sec. 3. Section 32-1803, Arizona Revised Statutes, is amended to read:
32-1803. Powers and duties
A. The board shall:
1. Protect the public from unlawful, incompetent, unqualified, impaired and
unprofessional practitioners of osteopathic medicine.
2. Conduct examinations for applicants for a license under this chapter, issue licenses,
conduct hearings, place physicians on probation, revoke or suspend licenses, enter into stipulated
orders, issue letters of concern or decrees of censure and administer and enforce all provisions of
this chapter.
3. Order and evaluate physical, psychological, psychiatric and competency testing of
licensed physicians and candidates for licensure as the board determines is necessary to enforce
this chapter.
4. Initiate investigations and determine on its own motion if a doctor of osteopathic
medicine has engaged in unprofessional conduct or provided incompetent medical care or is
mentally or physically unable to engage in the practice of medicine.
5. Enforce, within the osteopathic profession in this state, the standards of practice
prescribed by this chapter and the rules adopted by the board pursuant to the authority granted by
this chapter.
6. Collect and account for all fees provided for by this chapter and cause them to be paid
to the state treasurer.
7. Charge additional fees for services which the board deems appropriate to carry out its
intent and purpose and which do not exceed the costs ofrendering the services.
8. Maintain a record of its acts and proceedings, including, b:at aot limited to, the
issuance, refusal, renewal, suspension or revocation of licenses to practice according to the terms
of this chapter. THE BOARD SHALL ONLY DELETE RECORDS OF COMPLAINTS AS
FOLLOWS:
(a) IF THE BOARD DISMISSES A COMPLAINT WITH PREJUDICE BECAUSE IT
DETERMINES THAT THE COMPLAINT DOES NOT FALL WITHIN THE BOARD'S
JURISDICTION, THE BOARD SHALL DELETE THE RECORD OF THE COMPLAINT
THREE YEARS AFTER IT RECEIVED THE COMPLAINT.
(b) IF THE BOARD DISMISSES A COMPLAINT WITHOUT PREJUDICE AFTER A
SETTLEMENT CONFERENCE, THE BOARD SHALL DELETE THE RECORD OF THE
COMPLAINT FIVE YEARS AFTER IT RECEIVED THE COMPLAINT.
(c) IF THE BOARD HAS ISSUED A LETTER OF CONCERN BUT HAS TAKEN NO
FURTHER ACTION, THE BOARD SHALL DELETE THE RECORD OF THE COMPLAINT
FIVE YEARS AFTER IT RECEIVED THE COMPLAINT.
1032 Additions are indicated by UPPER CASE; deletions by ffFikeetlt
SECOND REGULAR SESSION -2000 Ch. 176, § 4
9. Maintain a roster of all osteopathic physicians and surgeons who are licensed pursuant
to this chapter that includes:
(a) The name of the licensed physician.
(b) The physician's current professional office address.
(c) The date and number of the license issued to the physician pursuant to this chapter.
( d) Whether the license is in good standing.
10. Adopt rules regarding the regulation and the qualifications of medical assistants.
11. Establish a program that is reasonable and necessary to educate physicians regarding
the uses and advantages of autologous blood transfusions.
12. REVIEW THE CREDENTIALS AND THE ABILITIES OF AN APPLICANT
WHOSE PROFESSIONAL RECORDS OR PHYSICAL OR MENTAL CAPABILITIES MAY
NOT MEET THE REQUIREMENTS FOR LICENSURE OR REGISTRATION AS
PRESCRIBED IN ARTICLE 2 OF THIS CHAPTER IN ORDER FOR THE BOARD TO
DETERMINE IF THE APPLICANT MEETS THE REQUIREMENTS FOR LICENSURE OR
REGISTRATION PURSUANT TO THIS CHAPTER.
13. DISCIPLINE AND REHABILITATE OSTEOPATHIC PHYSICIANS.
B. The records of the board shall-be ARE open to public inspection at all reasonable
times.
C. The board may:
1. Adopt rules necessary or proper for the administration of this chapter.
2. Appoint hearing officers to conduct hearings pursuant to this chapter.
3. Appoint one of its members to the jurisdiction arbitration panel pursuant to section
32-2907, subsection B.
D. The board shall adopt and use a seal, the imprint of which, together with the signature
of either the president, vice-president or executive director, shall evidence its official acts.
E. In conducting investigations pursuant to this chapter the board may receive and
review confidential internal staff reports relating to complaints and malpractice claims.
F. The board may make available to academic and research organizations public records
regarding statistical information on doctors of osteopathic medicine and applicants for licensure.
Sec. 4. Section 32-1821, Arizona Revised Statutes, is amended to read:
32-1821. Persons and acts not affected by chapter
Nothing in This chapter shall be construed to DOES NOT prevent:
1. A duly licensed physician and surgeon of any other state, district or territory from
meeting a person registered pursuant to this chapter within this state for consultation or, pursuant
to an invitation by a legitimate sponsor, visiting this state for the sole purpose of promoting
professional education through lectures, clinics or demonstrations as long as the visiting
physician does not open an office, designate a place to meet patients or receive calls relating to
the practice of medicine outside of the facilities and programs of the sponsor.
2. Any physician and surgeon duly licensed in a neighboring state from extending such
physician and surgeon's practice into this state, if such physician and surgeon does not open an
office, appoint a plaee of meeting or receive calls in this state.
eh 2. The practice of any other method, system or science of healing by a person duly
licensed pursuant to the laws of this state.
4-c 3. The practice by physicians and surgeons discharging their duties while members of
the armed forces of the United States or other federal agencies.
~ 4. Any act, task or function performed by a physician assistant in the proper discharge
of the physician assistant's duties.
6c 5. A person administering a lawful domestic or family remedy to a member of his
THAT PERSON'S own family.
1-c 6. Providing medical assistance in case of an emergency.
8. An approved hospital residency or fellowship training program provided an
unlicensed resident or fellow does not practice medicine in any form outside the auspices of the
training progrffilr.
9c 7. The emergency harvesting of donor organs.
Additions are indicated by UPPER CASE; deletions by stRkeoot 1033
Ch. 176, § 5 44th LEGISLATURE
Sec. 5. Section 32-1822, Arizona Revised Statutes, is amended to read:
32-1822. Qualifications of applicant; application; fees
A. An applicant for licensure shall:
1. Be a citizen of the United States or a resident alien.
2. Be a graduate of a board approved school of osteopathic medicine.
3. Submit to the board the following:
(a) The applicant's full name and all aliases and other names ever used, current address,
social security number and date and place of birth.
(b) A recent photograph signed by the applicant.
( c) The originals of all documents and credentials required by the board or notarized
photocopies or other verification acceptable to the board of these documents and credentials.
( d) Affidavits from three physicians and surgeons who are in active practice and who can
attest to the applicant's fitness to practice medicine and surgery as an osteopathic physician and
surgeon and submit to any other investigation deemed necessary by the board.
( e) A diploma conferring the degree of doctor of osteopathy or doctor of osteopathic
medicine that was issued by a board approved school of medicine that at the time it issued the
degree met the requirements prescribed by the American osteopathic association for that year. If
the applicant cannot find the diploma the applicant shall submit proof satisfactory to the board
that the applicant received a degree that meets these requirements.
(f) Proof that the applicant has served a board approved internship of at least one year or
an approved residency or the equivalent as determined by the board.
(g) A verified application, ~ ON forms furnished by the board, stating, in addition to
other information requested, that the applicant is the person named in the diploma, that the
applicant obtained the diploma without fraud or misrepresentation and that the applicant's license
to practice medicine and surgery as an osteopathic physician and surgeon has never been
revoked, suspended or denied by any regulatory jurisdiction within the United States or in any
other country.
4. Successfully pass an examination approved by the board or possess a currently active
and unrestricted license to practice as an osteopathic physician and surgeon issued under the
authority of any state, district or territory that has standards that are comparable to those
prescribed in this chapter.
5. Submit with the application the application fee prescribed in section 32-1826 and pay
the prescribed license fee to the board at the time the license is issued. All fees shall be paid by
certified check, by money order or by cash.
6. Receive a score of at least seventy-five per cent on an examination THAT IS
prescribed by the board AND that covers this chapter and board rules.
B. The board OR THE EXECUTIVE DIRECTOR may require an applicant to submit to
a personal interview, a physical examination or a mental evaluation or any combination of these
at a reasonable time and place as prescribed by the board if the board determines that this is
necessary to provide the board adequate information regarding the applicant's ability to meet the
licensure requirements of this chapter. An interview may include medical knowledge questions
and other matters that are relevant to licensure.
C. The board may deny a license for any unprofessional conduct that would constitute
grounds for disciplinary action pursuant to this chapter and as determined by a competent
domestic or foreign jurisdiction.
D. The board may issue a license that is contingent on the applicant entering into a
stipulated order that may include a period of probation or a restriction on the licensee's practice.
E. The executive director may issue licenses to applicants who meet the requirements of
this section.
F. A person •,vho has had his WHOSE license HAS BEEN revoked eF, denied OR
SURRENDERED may apply for licensure two years after the revocation or denial.
Sec. 6. Section 32-1825, Arizona Revised Statutes, is amended to read:
32-1825. Renewal of licenses; continuing medical education; failure to renew;
penalty; reinstatement; waiver of continuing medical education
A. BEGINNING ON JANUARY I, 2001, each licensee shall renew the license befere
Jarmarv 1 everv vea:r EVERY OTHER YEAR ON OR BEFORE THE LICENSEE'S BIRTHDAY. At
1034 Additions are indicated by UPPER CASE; deletions by MFikeeut
SECOND REGULAR SESSION -2000 Ch. 176, § 7
least sixty days before that date the executive director shall notify each licensee whose license is
up for renewal of this requirement. The executive director shall send this notification by first
class mail to the licensee at the address the licensee last provided to the executive director.
B. The licensee shall furnish to the executive director a statement of having attended
prior to the renewal date, educational programs, approved by the board, totaling at least twenty
clock hours and shall pay to the board the prescribed annual renewal fee. The executive director
shall then issue a renewal receipt to the licensee. The board may require a licensee to submit
documentation of continuing medical education.
C. The board shall not renew the license of a licensee who does not fully document the
licensee's compliance with the continuing education requirements of subsection B of this section
unless that person receives a waiver of those requirements. The board may waive the continuing
education requirements of subsection B of this section for a particular twelve month period if it is
satisfied that the licensee's noncompliance was due to the licensee's disability, military service or
absence from the United States or to other circumstances beyond the control of the licensee. If a
licensee fails to attend the required number of clock hours for reasons other than those specified
in this subsection, the board may grant an extension until May I of that year for the licensee to
comply.
D. Unless the board grants an extension pursuant to subsection C of this section, a
licensee who fails to renew the license before February 1 WITHIN THIRTY DAYS AFTER
THE LICENSEE'S BIRTHDAY shall pay a penalty fee in addition to the prescribed renewal
fee. Faill±Fe to EXCEPT AS PROVIDED IN SECTION 32-3202, A LICENSE EXPIRES IF A
PERSON DOES NOT renew a THE license on or before April 1 results in elEpiration of the
license elEcept as pFOvided in section 32 3202 WITHIN FOUR MONTHS AFTER THE
LICENSEE'S BIRTHDAY. A person who practices osteopathic medicine after that time is in
violation of this chapter. A person whose license expires may reapply for a license pursuant to
this chapter.
Sec. 7. Section 32-1826, Arizona Revised Statutes, is amended to read:
32-1826. Fees; penalty
A. The board shall by a formal vote at its annual January meeting SHALL establish fees
of not to exceed the following:
I. For an application to practice osteopathic medicine, three hundred dollars.
2. For issuance of a license, one hundred dollars.
3. For renewal of a license, three hundred dollars per year.
4. For locum tenens registration, two hundred dollars.
5. For issuance of a duplicate license, fifty dollars.
6. For annual registration of an approved internship, residency, clinical fellowship
program or short-term residency program, fifty dollars.
7. For an annual teaching license at an approved school of medicine or at an approved
teaching hospital's accredited graduate medical education program ISSUED PURSUANT TO
SECTION 32-1831, three hundred dollars.
8. For a five day educational teaching permit at an approved school of medicine or at an
approved teaching hospital's accredited graduate medical education program, one hundred
dollars.
9. For the sale of those copies of the annual osteopathic medical directory that are not
distributed free of charge, thirty dollars.
10. For the sale of computerized tapes or diskettes that do not require programming, one
hundred dollars.
11. For initial and annual registration to dispense drugs and devices, two hundred dollars.
B. The board shall charge a one hundred fifty dollar penalty fee for late renewal of a
license.
C. The board may charge additional fees for services the board determines are necessary
and appropriate to carry out the provisions of this chapter. These fees shall not exceed the actual
cost of providing the services.
Additions are indicated by UPPER CASE; deletions by stFlkoout 1035
Ch. 176, § 8 44th LEGISLATURE
Sec. 8. Title 32, chapter 17, article 2, Arizona Revised Statutes, is amended by adding
section 32-1831, to read:
32-1831. Teaching licenses; definitions
A. A DOCTOR OF OSTEOPATHIC MEDICINE WHO IS NOT LICENSED IN THIS
STATE MAY BE EMPLOYED AS A FULL-TIME FACULTY MEMBER BY A BOARD
APPROVED COLLEGE OF OSTEOPATHIC MEDICINE IN THIS STATE OR A TEACHING
HOSPITAL'S ACCREDITED GRADUATE MEDICAL EDUCATION PROGRAM IN THIS
STATE TO PROVIDE PROFESSIONAL EDUCATION THROUGH LECTURES, CLINICS
OR DEMONSTRATIONS IF THE DOCTOR HOLDS A TEACHING LICENSE ISSUED
PURSUANT TO THIS SECTION.
B. AN APPLICANT FOR A TEACHING LICENSE SHALL:
I. SUBMIT A COMPLETED APPLICATION AS PRESCRIBED BY THE BOARD.
2. PAY ALL FEES PRESCRIBED BY THE BOARD.
3. MEET THE BASIC REQUIREMENTS OF SECTION 32-1822, WITH THE
EXCEPTION OF SUBSECTION A, PARA GRAPH 3, SUBDIVISION (f).
C. A PERSON LICENSED PURSUANT TO THIS SECTION SHALL NOT OPEN AN
OFFICE OR DESIGNATE A PLACE TO MEET PATIENTS OR RECEIVE CALLS
RELATING TO THE PRACTICE OF OSTEOPATHIC MEDICINE IN THIS STATE
OUTSIDE OF THE FACILITIES AND PROGRAMS OF THE APPROVED SCHOOL OR
TEACHING HOSPITAL.
D. A PERSON LICENSED PURSUANT TO THIS SECTION SHALL COMPLY
WITH THE REQUIREMENTS OF THIS CHAPTER, WITH THE EXCEPTION OF THOSE
THAT RELATE TO TRAINING AND EXAMINATIONS.
E. A LICENSE ISSUED PURSUANT TO THIS SECTION IS VALID FOR TWO
YEARS. A DOCTOR OF OSTEOPATHIC MEDICINE MAY APPLY FOR LICENSURE
ONCE EVERY TWO YEARS.
F. FOR THE PURPOSES OF THIS SECTION:
I. "ACCREDITED" MEANS THAT THE SCHOOL OR TEACHING HOSPITAL HAS
AN INTERNSHIP, FELLOWSHIP OR RESIDENCY TRAINING PROGRAM THAT IS
ACCREDITED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL
EDUCATION, THE AMERICAN OSTEOPATHIC ASSOCIATION OR A SIMILAR BODY
THAT IS APPROVED BY THE BOARD.
2. "FULL-TIME FACULTY MEMBER" MEANS A FULL-TIME FACULTY
MEMBER AS PRESCRIBED BY THE SCHOOL OF OSTEOPATHIC MEDICINE OR THE
TEACHING HOSPITAL.
Sec. 9. Section 32-1854, Arizona Revised Statutes, is amended to read:
32-1854. Definition of unprofessional conduct
"Unprofessional conduct" includes the following acts, whether occurring in this state or
elsewhere:
I. Willfully betraying a professional secret or wilfully violating a privileged
communication except as either of these may otherwise be required by law. This paragraph does
not prevent members of the board from exchanging information with the licensing and
disciplinary boards of other states, territories or districts of the United States or with foreign
countries or with osteopathic medical organizations located in this state or in any state, district or
territory of this country or in any foreign country.
2. Committing a felony, whether or not involving moral turpitude, or a misdemeanor
involving moral turpitude. In either case conviction by any court of competent jurisdiction is
conclusive evidence of the commission.
3. Practicing medicine while under the influence of alcohol, narcotic or hypnotic drugs
or any substance that impairs or may impair the licensee's ability to safely and skillfully practice
medicine.
4. Being diagnosed by a physician licensed under this chapter or chapter 13 of this title
or a psychologist licensed under chapter 19 .1 of this title as excessively or illegally using alcohol
or a controlled substance.
1036 Additions are indicated by UPPER CASE; deletions by stPikeeut
SECOND REGULAR SESSION -2000 Ch.176, § 9
5. Prescribing, dispensing or administering controlled substances or prescription only
drugs for other than accepted therapeutic purposes.
6. Engaging in the practice of medicine in a manner that harms or may harm a patient or
that the board determines falls below the community standard.
7. Impersonating another physician.
8. Acting or assuming to act as a member of the board if this is not true.
9. Procuring or attempting to procure a license to practice osteopathic medicine by fraud
or misrepresentation.
10. Having professional connection with or lending one's name to an illegal practitioner of
osteopathic medicine or any of the other healing arts.
11. Representing that a manifestly incurable disease, injury, ailment or infirmity can be
permanently cured or that a curable disease, injury, ailment or infirmity can be cured within a
stated time, if this is not true.
12. Failing to reasonably disclose and inform the patient or the patient's representative of
the method, device or instrumentality the licensee uses to treat the patient's disease, injury,
ailment or infirmity.
13. Refusing to divulge to the board ~ ON demand the means, method, device or
instrumentality used in the treatment of a disease, injury, ailment or infirmity.
14. Charging a fee for services not rendered or dividing a professional fee for patient
referrals.
15. Knowingly making any false or fraudulent statement, written or oral, in connection
with the practice of medicine except as the same may be necessary for accepted therapeutic
purposes.
16. Advertising in a false, deceptive or misleading manner.
17. Representing or holding oneself out as being an osteopathic medical specialist if the
physician has not satisfied the applicable requirements of this chapter or board rules.
18. The refusal, revocation or suspension ofa license by any other state, territory, district
or country, unless it can be shown that this occurred for reasons that did not relate to the person's
ability to safely and skillfully practice osteopathic medicine or to any act of unprofessional
conduct as provided in this section.
19. Any conduct or practice contrary to recognized standards of ethics of the osteopathic
medical profession.
20. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the
violation of or conspiring to violate any of the provisions of this chapter.
21. Failing or refusing to maintain adequate records on a patient,- AS FOLLOWS:
(a) IF THE PATIENT IS AN ADULT, FOR AT LEAST SEVEN YEARS AFTER THE
LAST DATE THE LICENSEE PROVIDED THE PATIENT WITH MEDICAL OR HEALTH
CARE SERVICES.
(b) IF THE PATIENT IS A CHILD, EITHER FOR AT LEAST THREE YEARS AFTER
THE CHILD'S EIGHTEENTH BIRTHDAY OR FOR AT LEAST SEVEN YEARS AFTER
THE LAST DATE THE LICENSEE PROVIDED THAT PATIENT WITH MEDICAL OR
HEALTH CARE SERVICES, WHICHEVER DATE OCCURS FIRST.
(c) IF THE PATIENT DIES BEFORE THE EXPIRATION OF THE DATES
PRESCRIBED IN SUBDIVISION (a) OR (b) OF THIS PARAGRAPH, FOR AT LEAST
THREE YEARS AFTER THE PATIENT'S DEATH.
22. Using controlled substances or prescription-only drugs unless they are provided by a
medical practitioner, as defined in section 32-1901, as part of a lawful course of treatment.
23. Prescribing controlled substances to members of one's immediate family unless there
is no other physician available within fifty miles to treat a member of the family and an
emergency exists.
24. Prescribing, dispensing or administering schedule II controlled substances as defined
in section 36-2513 including amphetamines and similar schedule II sympathomimetic drugs in
the treatment of exogenous obesity for a period in excess of thirty days in any one year.
25. Nontherapeutic use of injectable amphetamines.
26. Violating a formal order, probation or a stipulation issued by the board under this
chapter.
Additions are indicated by UPPER CASE; deletions by smkeeut 1037
Ch. 176, § 9 441h LEGISLATURE
27. Charging or collecting an inappropriate fee. This paragraph does not apply to a fee
which is fixed in a written contract between the physician and the patient and entered into before
treatment begins.
28. Using experimental forms of therapy without adequate informed patient consent or
without conforming to generally accepted criteria and complying with federal and state statutes
and regulations governing experimental therapies.
29. Failing to make patient medical records in the physician's possession promptly
available to a physician assistant, a nurse practitioner, a person licensed pursuant to this chapter
or a podiatrist, chiropractor, naturopathic physician, physician or homeopathic physician licensed
under chapter 7, 8, 13, 14 or 29 of this title on receipt of proper authorization to do so from the
patient, a minor patient's parent, the patient's legal guardian or the patient's authorized
representative or failing to comply with title 12, chapter 13, article 7.1.
30. Failing to allow properly authorized board personnel to have, on demand, access to
any documents, reports or records THAT ARE maintained by the physician relatmg AND THAT
RELATE to his THE PHYSICIAN'S medical practice or medically related activities pursuant to
section 32-1855.01.
31. Signing a blank, undated or predated prescription form.
32. Obtaining a fee by fraud, deceit or misrepresentation.
33. Falsely claiming attendance at continuing medical education programs to meet license
renewal requirements.
34. Failing to report to the board an osteopathic physician and surgeon who is or may be
guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage
in the practice of medicine.
35. Referring a patient to a diagnostic or treatment facility or prescribing goods and
services without disclosing that the physician has a direct pecuniary interest in the facility, goods
or services to which the patient has been referred or prescribed. This paragraph does not apply to
a referral by one physician to another physician within a group of physicians practicing together.
36. Lack of or inappropriate direction, collaboration or supervision of a licensed, certified
or registered health care provider or office personnel employed by or assigned to the physician in
the medical care of patients.
37. Violating a federal law, a state law or a rule applicable to the practice of medicine.
38. Prescribing or dispensing controlled substances or prescription-only medications
without maintaining adequate and appropriate patient records.
39. Failing to dispense drugs and devices in compliance with article 4 of this chapter.
40. Any conduct or practice that endangers a patient's or the public's health or may
reasonably be expected to do so.
41. Any conduct or practice that impairs the licensee's ability to safely and skillfully
practice medicine or that may reasonably be expected to do so.
42. With the exception of heavy metal poisoning, using chelation therapy in the treatment
of arteriosclerosis or as any other form of therapy without adequate informed patient consent and
without conforming to generally accepted experimental criteria, including protocols, detailed
records, periodic analysis of results and periodic review by a medical peer review committee.
43. Prescribing, dispensing or administering anabolic-androgenic steroids to a person for
other than therapeutic purposes.
44. Sexual intimacies with a patient.
45. Fetal experiments conducted in violation of section 36-2302.
46. Conduct that the board determines constitutes gross negligence, repeated negligence
or negligence that results in harm or death of a patient.
47. Conduct in the practice of medicine which evidences moral unfitness to practice
medicine.
48. Wilfully harassing, abusing or intimidating a patient either physically or verbally.
49. FAILING TO FURNISH LEGALLY REQUESTED INFORMATION TO THE
BOARD OR ITS INVESTIGATORS IN A TIMELY MANNER.
50. FAILING TO DISCLOSE TO A PATIENT THAT THE LICENSEE HAS A
DIRECT FINANCIAL INTEREST IN A PRESCRIBED TREATMENT, GOOD OR SERVICE
1038 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch.176, § 10
IF THE TREATMENT, GOOD OR SERVICE IS AVAILABLE ON A COMPETITIVE BASIS.
THIS PARAGRAPH DOES NOT APPLY TO A REFERRAL BY ONE LICENSEE TO
ANOTHER LICENSEE WITHIN A GROUP OF LICENSEES WHO PRACTICE TOGETHER.
A LICENSEE MEETS THE DISCLOSURE REQUIREMENTS OF THIS PARAGRAPH IF
ALL OF THE FOLLOWING ARE TRUE:
(a) THE LICENSEE MAKES THE DISCLOSURE ON A FORM PRESCRIBED BY
THEBOARD.
(b) THE PATIENT OR THE PATIENT'S GUARDIAN OR PARENT
ACKNOWLEDGES BY SIGNING THE FORM THAT THE LICENSEE HAS DISCLOSED
THE LICENSEE'S DIRECT FINANCIAL INTEREST.
51. PRESCRIBING, DISPENSING OR FURNISHING A PRESCRIPTION
MEDICATION OR A PRESCRIPTION-ONLY DEVICE TO A PERSON IF THE LICENSEE
HAS NOT CONDUCTED A PHYSICAL EXAMINATION OF THAT PERSON OR HAS NOT
PREVIOUSLY ESTABLISHED A PHYSICIAN-PATIENT RELATIONSHIP. THIS
PARA GRAPH DOES NOT APPLY TO EMERGENCIES.
52. FAILING TO INFORM THE BOARD IN WRITING WITHIN TEN DAYS AFTER
ANY CHANGE OF THE LICENSEE'S ADDRESS OF RECORD.
53. IF A LICENSEE PROVIDES MEDICAL CARE BY COMPUTER, FAILING TO
DISCLOSE THE LICENSEE'S LICENSE NUMBER AND THE BOARD'S ADDRESS AND
TELEPHONE NUMBER.
Sec.10. Section 32-1855, Arizona Revised Statutes, is amended to read:
32-1855. Disciplinary action; duty to report; hearing; notice; independent
medical examinations; surrender of license
A. The board on its own motion may investigate any information which appears to show
that an osteopathic physician and surgeon is or may be guilty of unprofessional conduct or is or
may be mentally or physically unable safely to engage in the practice of medicine. Any
osteopathic physician or surgeon or the Arizona osteopathic medical association or any health
care institution as defined in section 36-401 shall, and any other person may, report to the board
any information such physician or surgeon, association, health care institution or other person
may have which appears to show that an osteopathic physician and surgeon is or may be guilty
of unprofessional conduct or is or may be mentally or physically unable safely to engage in the
practice of medicine. The board shall notify the doctor about whom information has been
received as to the content of the information as soon as reasonable after receiving the
information. Any person who reports or provides information to the board in good faith is not
subject to civil damages as a result of that action. If requested the board shall not disclose the
informant's name unless it is essential to the disciplinary proceedings conducted pursuant to this
section. It is an act of unprofessional conduct for any osteopathic physician or surgeon to fail to
report as required by this section. Any health care institution which fails to report as required by
this section shall be reported by the board to that institution's licensing agency. A PERSON
WHO REPORTS INFORMATION IN GOOD FAITH PURSUANT TO THIS SUBSECTION
IS NOT SUBJECT TO CIVIL LIABILITY.
B. The board may require a physician under investigation pursuant to subsection A of
this section to be interviewed by the board or its representatives. ef THE BOARD OR THE
EXECUTIVE DIRECTOR MAY REQUIRE A LICENSEE WHO IS UNDER
INVESTIGATION PURSUANT TO SUBSECTION A OF THIS SECTION to undergo AT THE
LICENSEE'S EXPENSE any combination of medical, physical or mental examinations the board
finds necessary to determine the physician's competence.
C. If the board finds, based on the information it received under subsections A and B of
this section, that the public health, safety or welfare imperatively requires emergency action, and
incorporates a finding to that effect in its order, the board may order a summary suspension of a
license pending proceedings for revocation or other action. If an order of summary suspension is
issued, the licensee shall also be served with a written notice of complaint and formal hearing
setting forth the charges made against him and is entitled to a formal hearing on the
charges. Formal proceedings shall be promptly instituted and determined.
Additions are indicated by UPPER CASE; deletions by stFikeeut 1039
Ch. 176, § 10 441h LEGISLATURE
D. If, after completing its investigation, the board finds that the information provided
pursuant to this section is not of sufficient seriousness to merit direct action against the
physician's license, it may take either of the following actions:
I. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern.
E. If, in the opinion of the board, it appears information provided pursuant to this section
is or may be true, the board may request an informal interview INVESTIGATIVE HEARING
with the physician concerned. At an informal interview INVESTIGATIVE HEARING the board
may receive and consider sworn statements of persons who might be called as witnesses in a
formal hearing and other pertinent documents. Legal counsel may be present and participate in
the meeting. If the physician refuses such request or if he THE PHYSICIAN accepts the request
and the results of the interview indicate suspension or revocation of the license may be in order,
a complaint shall be issued and a formal hearing shall be held in compliance with this section. If,
after the iRformal interview INVESTIGATIVE HEARING and a mental, physical or medical
competence examination as the board deems necessary, the board finds the information provided
pursuant to this section to be true but not of sufficient seriousness to merit suspension or
revocation of the license, it may take any of the following actions:
I. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern.
3. Issue a decree of censure, which constitutes an official action against a physician's
license.
4. Fix a period and terms of probation best adapted to protect the public health and safety
and rehabilitate or educate the physician concerned. ANY COSTS INCIDENT AL TO THE
TERMS OF PROBATION ARE AT THE PHYSICIAN'S OWN EXPENSE. Probation may
include temporary suspension for not more than twelve months or restriction of the physician's
license to practice osteopathic medicine and surgery. Failure to comply with any probation is
cause for filing a summons, complaint and notice of hearing pursuant to subsection F of this
section based 'llpeR ON the information considered by the board at the informal interview and
any other acts or conduct alleged to be in violation of this chapter or rules adopted pursuant to
this chapter.
5. Impose a civil penalty of not to exceed five hundred dollars for each violation of this
chapter.
F. If, in the opinion of the board, it appears the charge is of such magnitude as to warrant
suspension for more than twelve months or revocation of the license, the board shall immediately
initiate formal revocation or suspension proceedings pursuant to title 41, chapter 6, article 6. The
board shall notify a licensee of a complaint and hearing by certified mail addressed to the
licensee's last known address on record in the board's files.
G. If the physician charged wishes to be present at the hearing in person or by
representation, or both, the physician shall file with the board an answer to the charges in the
complaint. The answer shall be in writing, verified under oath and filed within twenty days after
service of the summons and complaint.
H. After complying with subsection G of this section, the physician may be present at the
hearing in person with counsel and witnesses.
I. The board may use the services of the office of administrative hearings to conduct a
hearing pursuant to this chapter. The administrative law judge shall submit a report of findings
to the board within thirty days of receiving the hearing transcript. The board is not bound by the
administrative law judge's findings. The board or administrative law judge may administer the
oath to all witnesses and shall keep a written transcript of all oral testimony submitted at the
hearing and the original or a copy of all other evidence submitted at the hearing. Copies of the
transcript and all other evidence shall be available at the physician's expense to any physician
appealing the decision of the board and available without charge to the court in which an appeal
is taken. At all hearings the board shall have the right to waive the technical rules of evidence.
1040 Additions are indicated by UPPER CASE; deletions by~
SECOND REGULAR SESSION -2000 Ch. 176, § 11
J. Any osteopathic physician who, after a hearing as provided in this section, is found to
be guilty of unprofessional conduct or is found to be mentally or physically unable safely to
engage in the practice of osteopathic medicine is subject to any combination of censure,
probation, suspension of license, revocation of license, an order to return patient fees, imposition
of hearing costs, imposition of a civil penalty of not to exceed five hundred dollars for each
violation for such period of time, or permanently, and under conditions the board deems
appropriate for the protection of the public health and safety and just in the circumstances. THE
BOARD MAY CHARGE THE COSTS OF A FORMAL HEARING TO THE LICENSEE IF
PURSUANT TO THAT HEARING THE BOARD DETERMINES THAT THE LICENSEE
VIOLATED THIS CHAPTER OR BOARD RULES.
K. If the board acts to modify any osteopathic physician's prescription writing privileges,
it shall immediately notify the state board of pharmacy of the modification.
L. The board shall report ALLEGATIONS OF evidence of criminal wrongdoing to the
appropriate criminal justice agency.
M. The board shall transmit all monies collected from penalties it imposes under this
chapter to the state treasurer for deposit in the state general fund.
N. NOTICE OF A COMPLAINT AND HEARING IS EFFECTIVE WHEN A TRUE
COPY OF THE NOTICE IS SENT BY CERTIFIED MAIL TO THE LICENSEE'S LAST
KNOWN ADDRESS OF RECORD IN THE BOARD'S FILES AND IS COMPLETE ON THE
DATE OF ITS DEPOSIT IN THE MAIL. THE BOARD SHALL HOLD A FORMAL
HEARING WITHIN ONE HUNDRED TWENTY DAYS AFTER THAT DATE.
0. THE BOARD MAY ACCEPT THE SURRENDER OF AN ACTIVE LICENSE
FROM A LICENSEE WHO ADMITS IN WRITING TO HAVING COMMITTED AN ACT OF
UNPROFESSIONAL CONDUCT OR TO HAVING VIOLATED THIS CHAPTER OR
BOARD RULES.
Sec. 11. Section 32-1871, Arizona Revised Statutes, is amended to read:
32-1871. Dispensing of drugs and devices; conditions; definition
A. An osteopathic physician may dispense drugs and devices kept by the physician if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing physician's name, address and telephone number.
(b) The date the drug is dispensed.
(c) The patient's name.
( d) The name and strength of the drug, directions for its use and any cautionary
statements.
2. The dispensing physician enters into the patient's medical record the name and
strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.
3. The dispensing physician keeps all drugs in a locked cabinet or room, controls access
to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.
4. THE DISPENSING PHYSICIAN REGISTERS WITH THE BOARD TO DISPENSE
DRUGS AND DEVICES AND PAYS THE REGISTRATION FEE PRESCRIBED
PURSUANT TO SECTION 32-1826.
B. Except in an emergency situation, a physician who dispenses drugs for a profit
without being registered by the board to do so is subject to a civil penalty by the board of not less
than three hundred dollars and not more than one thousand dollars for each transaction and is
prohibited from further dispensing for a period of time as prescribed by the board.
C. Prior to dispensing a drug pursuant to this section the patient shall be given a written
prescription on which appears the following statement in bold type:
"This prescription may be filled by the prescribing physician or by a pharmacy of
your choice."
D. A physician shall dispense for profit only to ms THE PHYSICIAN'S patient and only
for conditions being treated by that physician. The physician shall provide direct supervision of
a nurse or attendant involved in the dispensing process. In this subsection, "direct supervision"
means that a physician is present and makes the determination as to the legitimacy or the
advisability of the drugs or devices to be dispensed.
Additions are indicated by UPPER CASE; deletions by stFikeaut 1041
Ch. 176, § 11 44th LEGISLATURE
E. This seetion shall be enforeed by The board whieh SHALL ENFORCE THIS
SECTION AND shall establish rules regarding labeling, record keeping, storage and packaging
of drugs that are consistent with the requirements of chapter 18 of this title. The board may
conduct periodic inspections of dispensing practices to assure compliance with this section and
applicable rules.
F. For the purposes of this section, "dispense" means the delivery by an osteopathic
physician of a prescription drug or device to a patient, except for samples packaged for
individual use by licensed manufacturers or repackagers er OF drugs, and includes the
prescribing, administering, packaging, labeling and security necessary to prepare and safeguard
the drug or device for delivery.
Sec. 12. License renewal
The board of osteopathic examiners in medicine and surgery shall continue to renew
licenses on an annual basis until January 1, 2001 at which time it shall begin biennial renewal
pursuant to section 32-1825, Arizona Revised Statutes, as amended by this act.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
MUNICIPAL WASTE HAULING
CHAPTER177
H.B.2387
AN ACT AMENDING TITLE 9, CHAPTER 5, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 9-511.03; RELATING TO MUNICIPAL
GARBAGE SERVICES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 5, article 2, Arizona Revised Statutes, is amended by adding
section 9-511.03, to read:
9-511.03. Outside garbage collection and disposal services; requirements
A. IF A CITY OR TOWN PROVIDES WASTE OR GARBAGE COLLECTION
SERVICES OUTSIDE OF ITS BOUNDARIES, FOR THOSE SERVICES THE CITY OR
TOWN SHALL:
1. KEEP ALL RECORDS OF THE SERVICES SEPARATE FROM ALL OTHER
CITY OR TOWN MUNICIPAL RECORDS.
2. MAKE AN IN-LIEU CONTRIBUTION TO ALL STATE, CITY, TOWN, COUNTY
AND OTHER TAXING DISTRICTS EQUAL TO THE TAXES THAT WOULD BE
REQUIRED OF PRIVATE GARBAGE COLLECTION AND DISPOSAL COMPANIES
PERFORMING THE SAME SERVICE.
3. PAY AN IN-LIEU CONTRIBUTION TO THE RECYCLING FUND
ESTABLISHED BY SECTION 49-837 EQUAL TO THE FEDERAL TAXES THAT WOULD
BE REQUIRED OF PRIVATE GARBAGE COLLECTION AND DISPOSAL COMPANIES
PERFORMING THE SAME SERVICE.
4. PAY ALL FEES AND COSTS THAT ARE APPLICABLE TO PRIVATE
COMPANIES INCLUDING LANDFILL FEES.
5. ENSURE THAT NO CITY OR TOWN TAXES, FEES OR REVENUES ARE USED
TO SUBSIDIZE THE WASTE OR GARBAGE COLLECTION AND DISPOSAL SERVICES
OUTSIDE THE CITY OR TOWN.
1042 Additions are indicated by UPPER CASE; deletions by ~
SECOND REGULAR SESSION -2000 Ch.178, § 1
B. THIS SECTION DOES NOT RESTRICT THE ABILITY OF A CITY OR TOWN
TO ENTER INTO MUTUAL AID OR INTERGOVERNMENTAL AGREEMENTS WITH
OTHER CITIES OR TOWNS TO RESPOND TO EMERGENCY ASSISTANCE.
C. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A CITY OR
TOWN IF ALL OF THE FOLLOWING APPLY:
1. THE CITY OR TOWN PROVIDES WASTE OR GARBAGE COLLECTION
SERVICES OUTSIDE ITS BORDERS IN AN UNINCORPORATED TERRITORY THAT IS
WITHIN THREE MILES OF ITS BORDERS AND WITHIN ITS MUNICIPAL PLANNING
AREA AS DESIGNATED IN THE LAND USE MAP OF THE MUNICIPALITY'S GENERAL
PLAN.
2. THE CITY OR TOWN DOES NOT PROVIDE WASTE OR GARBAGE SERVICES
IN AN INCORPORATED AREA OTHER THAN ITS OWN.
3. THE CITY OR TOWN IS LOCATED IN A COUNTY WITH A POPULATION
EXCEEDING TWO MILLION PERSONS ACCORDING TO THE MOST RECENT
DECENNIAL CENSUS.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
DEPARTMENT OF PUBLIC SAFETY-APPROPRIATIONS
CHAPTER178
H.B. 2527
AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF PUBLIC
SAFETY FOR PROCESSING SCHOOL BUS DRIVER AND FIREARM
CLEARANCE APPLICATIONS AND FOR ADDITIONAL OFFICERS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Appropriations; purpose
A. The sum of $97,700 is appropriated from the criminal justice enhancement fund
pursuant to section 41-2401, subsection D, paragraph 6, Arizona Revised Statutes, in fiscal year
2000-2001 to the department of public safety. The appropriation shall be used for additional
personnel and operating expenditures to process school bus driver licenses pursuant to section
28-3228, Arizona Revised Statutes.
B. The sum of $58,600 is appropriated from the criminal justice enhancement fund
pursuant to section 41-2401, subsection D, paragraph 6, Arizona Revised Statutes, in fiscal year
2000-2001 to the department of public safety. The appropriation shall be used for additional
personnel and operating expenditures to process firearm clearance applications pursuant to
section 13-3114, Arizona Revised Statutes.
C. The sum of $300,000 is appropriated from the state general fund in fiscal year
2000-2001 to the department of public safety for an additional four officers. The appropriation
in this subsection includes personal services, employee related expenses, equipment and other
operating expenditures.
D. The appropriation made in subsection C of this section is exempt from the provisions
of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
Additions are indicated by UPPER CASE; deletions by~ 1043
Ch. 179, § 1 44th LEGISLATURE
MUNICIPAL ANNEXATION-COSTS
CHAPTER179
H.B. 2599
AN ACT AMENDING SECTION 9-471, ARIZONA REVISED STATUTES; RELATING
TO MUNICIPAL ANNEXATION.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-4 71, Arizona Revised Statutes, is amended to read:
9-471. Annexation of territory; procedures; notice; petitions; access to
information; restrictions
A. The following procedures are required to extend and increase the corporate limits of a
city or town by annexation:
1. A city or town shall file in the office of the county recorder of the county in which the
annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a
description and an accurate map of all the exterior boundaries of the territory contiguous to the
city or town proposed to be annexed. Notice and a copy of the filing shall be given to the clerk
of the board of supervisors and to the county assessor. The accurate map shall include all county
rights-of-way and roadways with no taxable value that are within or contiguous to the exterior
boundaries of the area of the proposed annexation. If state land, other than state land utilized as
state rights-of-way or land held by the state by tax deed, is included in the territory, written
approval of the state land commissioner and the selection board established by section 37-202
shall also be filed.
2. Signatures on petitions filed for annexation shall not be obtained for a waiting period
of thirty days after filing the blank petition.
3. After filing the blank petition pursuant to paragraph 1 of this subsection, the
governing body of the city or town shall hold a public hearing within the last ten days of the
thirty day waiting period to discuss the annexation proposal. The public hearing shall be held in
accordance with the provisions of title 38, chapter 3, article 3.1, except that, notwithstanding the
provisions of section 38-431.02, subsections C and D, the following notices of the public hearing
to discuss the annexation proposal shall be given at least six days before the hearing:
(a) Publication at least once in a newspaper of general circulation, which is published or
circulated in the city or town and the territory proposed to be annexed, at least fifteen days before
the end of the waiting period.
(b) Posting in at least three conspicuous public places in the territory proposed to be
annexed.
(c) Notice by first class mail sent to the chairman of the board of supervisors of the
county in which the territory proposed to be annexed is located.
(d) Notice by first class mail with an accurate map of the territory proposed to be
annexed sent to each owner of the real and personal property as shown on the list furnished
pursuant to subsection G of this section that would be subject to taxation by the city or town in
the event of annexation in the territory proposed to be annexed. For purposes of this subdivision,
real and personal property includes mobile, modular and manufactured homes and trailers only if
the owner also owns the underlying real property.
4. Within one year after the last day of the thirty day waiting period a petition in writing
signed by the owners of one-half or more in value of the real and personal property and more
than one-half of the persons owning real and personal property that would be subject to taxation
by the city or town in the event of annexation, as shown by the last assessment of the property,
may be circulated and filed in the office of the county recorder. For purposes of this paragraph,
real and personal property includes mobile, modular and manufactured homes and trailers only if
the owner also owns the underlying real property.
1044 Additions are indicated by UPPER CASE; deletions by ~
SECOND REGULAR SESSION -2000 Ch.179, § 1
5. No alterations increasing or reducing the territory sought to be annexed shall be made
after a petition has been signed by a property owner.
6. The petitioner shall determine and submit a sworn affidavit verifying that no part of
the territory for which the filing is made is already subject to an earlier filing for annexation.
The county recorder shall not accept a filing for annexation without the sworn affidavit.
B. All information contained in the filings, the notices, the petition, tax and property
rolls and other matters regarding a proposed or final annexation shall be made available by the
appropriate official for public inspection during regular office hours.
C. Any city or town, the attorney general, the county attorney, or any other interested
party may upon verified petition move to question the validity of the annexation for failure to
comply with the provisions of this section. The petition shall set forth the manner in which it is
alleged the annexation procedure was not in compliance with the provisions of this section and
shall be filed within thirty days after adoption of the ordinance annexing the territory by the
governing body of the city or town and not otherwise. The burden of proof shall be upon the
petitioner to prove the material allegations of his verified petition. No action shall be brought to
question the validity of an annexation ordinance unless brought within the time and for the
reasons provided in this subsection. All hearings provided by this section and all appeals
therefrom shall be preferred and heard and determined in preference to all other civil matters,
except election actions. In the event more than one petition questioning the validity of an
annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more
cities or towns show the court that they have demonstrated an active interest in annexing any or
all of the area proposed for annexation, the court shall consider any oral or written agreements or
understandings between or among the cities and towns in making its determination pursuant to
this subsection.
D. The annexation shall become final after the expiration of thirty days from the
adoption of the ordinance annexing the territory by the city or town governing body, provided
the annexation ordinance has been finally adopted in accordance with procedures established by
statute, charter provisions, or local ordinances, whichever is applicable, subject to the review of
the court to determine the validity thereof if petitions in objection have been filed.
E. For the purpose of determining the sufficiency of the percentage of the value of
property under this section, such values of property shall be determined as follows:
1. In the case of property assessed by the county assessor, values shall be the same as
shown by the last assessment of the property.
2. In the case of property valued by the department of revenue, values shall be appraised
by the department in the manner provided by law for municipal assessment purposes.
F. For the purpose of determining the sufficiency of the percentage of persons owning
property under this section, the number of persons owning property shall be determined as
follows:
1. In the case of property assessed by the county assessor, the number of persons owning
property shall be as shown on the last assessment of the property.
2. In the case of property valued by the department of revenue, the number of persons
owning property shall be as shown on the last valuation of the property.
3. If an undivided parcel of property is owned by multiple owners, such owners shall be
deemed as one owner for the purposes of this section.
4. If a person owns multiple parcels of property, such owner shall be deemed as one
owner for the purposes of this section.
G. The county assessor and the department of revenue, respectively, shall furnish to the
city or town proposing an annexation within thirty days after a request therefor a statement in
writing showing the owner, the address of each owner and the appraisal and assessment of all
such property.
H. Territory is not contiguous for the purposes of subsection A, paragraph 1 of this
section unless:
1. It adjoins the exterior boundary of the annexing city or town for at least three hundred
feet.
2. It is, at all points, at least two hundred feet in width, excluding rights-of-way and
roadways.
Additions are indicated by UPPER CASE; deletions by~ 1045
Ch. 179, § 1 44th LEGISLATURE
3. The distance from the existing boundary of the annexing city or town where it adjoins
the annexed territory to the furthest point of the annexed territory from such boundary is no more
than twice the maximum width of the annexed territory.
I. A city or town shall not annex territory if as a result of such annexation unincorporated
territory is completely surrounded by the annexing city or town.
J. Notwithstanding any provisions of this article to the contrary, any town incorporated
prior to 1950 which had a population of less than two thousand persons by the 1970 census and
which is bordered on at least three sides by Indian lands may annex by ordinance territory owned
by the state within the same county for a new townsite which is not contiguous to the existing
boundaries of the town.
K. The provisions of subsections H and I of this section shall not apply to territory which
is surrounded by the same city or town or which is bordered by the same city or town on at least
three sides.
L. A city or town annexing an area shall adopt zoning classifications which permit
densities and uses no greater than those permitted by the county immediately before annexation.
Subsequent changes in zoning of the annexed territory shall be made according to existing
procedures established by the city or town for the rezoning of land.
M. The annexation of territory within six miles of territory included in a pending
incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection C
shall not cause an urbanized area to exist pursuant to section 9-101.01 which did not exist prior
to the annexation.
N. As an alternative to the procedures established in this section, a county right-of-way
or roadway with no taxable real property may be annexed to an adjacent city or town by mutual
consent of the governing bodies of the county and city or town if the property annexed is
adjacent to the annexing city or town for the entire length of the annexation and if the city or
town and county each approve the proposed annexation as a published agenda item at a regular
public meeting of their governing bodies.
0. IF A PROPERTY OWNER PREY AILS IN ANY ACTION TO CHALLENGE THE
ANNEXATION OF THE PROPERTY OWNER'S PROPERTY, THE COURT SHALL
ALLOW THE PROPERTY OWNER REASONABLE ATTORNEY FEES AND COSTS
RELATING TO THE ACTION FROM THE ANNEXING MUNICIPALITY.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
VETERANS-DONATIONS FUND INVESTMENT­APPROPRIATION-
VETERANS' FACILITY STUDY COMMITTEE
CHAPTER180
H.B.2626
AN ACT AMENDING SECTION 41-608, ARIZONA REVISED STATUTES;
AMENDING LAWS 1999, FIRST SPECIAL SESSION, CHAPTER 1, SECTION
105; RELATING TO VETERANS' SERVICES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-608, Arizona Revised Statutes, is amended to read:
41-608. Veterans' donations fund
A. The veterans' donations fund is established consisting of monies, gifts and
contributions donated to the department. The department shall administer the fund. Monies in
the fund are continuously appropriated. The monies in the fund are exempt from the provisions
of section 3 5-190 relating to lapsing of appropriations.
1046 Additions are indicated by UPPER CASE; deletions by stFikeeut
SECOND REGULAR SESSION -2000 Ch.180, § 3
B. The director or the director's designee may solicit and receive donations, including
in-kind donations, from the public for veterans. The director shall transmit the monetary
donations to the state treasurer for deposit in the veterans' donations fund. Monies in the fund
are subject to state auditing procedures. The donations may be used for the benefit of the
veterans within the state of Arizona at the discretion of the director.
C. The director shall inventory and account for the use of any tangible personal property
donated to the fund.
D. ON NOTICE FROM THE DIRECTOR, THE STATE TREASURER SHALL
INVEST AND DIVEST MONIES IN THE FUND AS PROVIDED BY SECTION 35-313,
AND MONIES EARNED FROM INVESTMENT SHALL BE CREDITED TO THE FUND.
Sec. 2. Laws 1999, first special session, chapter 1, section 105 is amended to read:
Sec. 105. DEPARTMENT OF VETERANS' SERVICES
Veterans' services and administration
FTE positions
Operating lump sum appropriation
Veterans' organizations contracts
Total appropriation - veterans' services
and administration
Fund sources:
State general fund
State veterans' conservatorship fund
Veterans' home
FTE positions
Operating lump sum appropriation
Veterans' home contingency
Fund sources:
1999-00
45.2
$ 2,054,700
$ 40,000
$2,094,700
$ 1,694,600
400,100
247.8
$ 9,679,000
592,800*
2000-01
45.2
$ 2,004,200
$ 40,000
$ 2,044,200
$ 1,618,100
426,100
247.8
$ 9,658,500
- 0 -
State home for veterans trust fund $10,271,800 $ 9,658,500
$252,300 OF THE VETERANS HOME CONTINGENCY SPECIAL LINE ITEM MAY
BE USED FOR PRECONSTRUCTION COSTS ASSOCIATED WITH THE SOUTHERN
ARIZONA VETERANS' CEMETERY. THAT SAME DOLLAR AMOUNT SHALL BE
REIMBURSED TO THE SPECIAL LINE ITEM ON REIMBURSEMENT BY THE FEDERAL
GOVERNMENT FOR ALL PRECONSTRUCTION COSTS.
EXCEPT FOR THE $252,300 FOR THE SOUTHERN ARIZONA VETERANS'
CEMETERY, monies in the veterans' home contingency special line item shall not be expended
without the prior review of the joint legislative budget committee.
Total appropriation- DEPARTMENT OF veterans'
serviee eomrrtission SERVICES
Fund sources:
$ 12,366,500
State general fund $ 1,694,600
Other appropriated funds 10,671,900
Beginning on July 1, 1999, the joint legislative budget committee
$ 11,702,700
$ 1,618,100
10,084,600
shall review all
proposed DEPARTMENT OF veterans' serviee eommission SERVICES contracts above
$20,000, except contracts for nursing and dietary services.
Sec. 3. Joint legislative study committee on veterans' facilities
A. A joint legislative study committee on veterans' facilities is established consisting of
the following members:
1. Three members of the house of representatives who are appointed by the speaker of
the house of representatives. Not more than two of these members may represent the same
political party.
2. Three members of the senate who are appointed by the president of the senate. Not
more than two of these members may represent the same political party.
3. The director of the department of veterans' services.
4. Four public members who are appointed by the governor and who represent different
veterans' organizations in this state.
Additions are indicated by UPPER CASE; deletions by~ 1047
Ch. 180,§3 44th LEGISLATURE
B. The study committee shall:
1. Study the feasibility of establishing another veterans' home in Tucson and a state
veterans' cemetery in northern Arizona.
2. On or before December 1, 2000, submit a written report of its findings and
recommendations to the speaker of the house of representatives, the president of the senate and
the governor. The study committee shall provide a copy of this report to the secretary of state
and the director of the department oflibrary, archives and public records.
C. The study committee may use the services of legislative staff as required.
Sec. 4. Delayed repeal
Section 3 of this act, relating to the joint legislative study committee on veterans'
facilities, is repealed from and after December 31, 2000.
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or
safety and is operative immediately as provided by law.
Approved by the Governor April 6, 2000.
Filed in the Office of the Secretary of State April 6, 2000.
PEACE OFFICER STANDARDS AND TRAINING
CHAPTER181
H.B.2629
AN ACT AMENDING SECTIONS 41-1822, 41-1825, 41-1828 AND 41-1830.12, ARIZONA
REVISED STATUTES; RELATING TO THE ARIZONA PEACE OFFICER
STANDARDS AND TRAINING BOARD.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1822, Arizona Revised Statutes, is amended to read:
41-1822. Powers and duties of board; def'mition
A. With respect to peace officer training and certification, the board shall:
1. Establish rules for the government and conduct of the board, including meeting times,
places and matters to be placed on the agenda of each meeting.
2. Make recommendations, consistent with the provisieas of this article, ta the direeter
of the departmeat of p1:1blie safety, vii-th eepies traBSfl1tttea to the governor, THE speaker of the
house of representatives and THE president of the senate, on all matters relating to law
enforcement and public safety.
3. Prescribe reasonable minimum qualifications for officers to be appointed to enforce
the laws of this state and the political subdivisions of this state and certify officers in compliance
with these qualifications. NOTWITHSTANDING ANY OTHER LAW, the qualifications shall
require United States citizenship, shall relate to physical, mental and moral fitness and shall
govern the recruitment, appointment and retention of all agents, peace officers and police
officers of every political subdivision of this state, aetwith